R vs Serret (CA 03.2014) [2014] SCSC 279 (24 July 2014)
A 'kiosk' as described in the facts constitutes a 'building' under Section 291(a) of the Penal Code Act; the magistrate exceeded his sentencing jurisdiction by imposing a 10-year sentence, which must be substituted with the maximum 8 years allowed by law.
- Citation
- [2014] SCSC 279
- Parties
- Appellant: Alex Serret; Respondent: The Republic
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 24 July 2014
- Case Number
- CA 03.2014
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal partially allowed
- Legal Topics
- Breaking and Entering, Sentencing Jurisdiction, Plea of Guilty, Interpretation of 'building', Minimum Mandatory Sentence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alex Serret
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether a 'kiosk' constitutes a 'building' under Section 291(a) of the Penal Code Act
- 2 Whether the appellant appreciated the nature of the charge and plea
- 3 Whether the sentence imposed exceeded the magistrate's jurisdiction
Ratio Decidendi
A 'kiosk' as described in the facts constitutes a 'building' under Section 291(a) of the Penal Code Act; the magistrate exceeded his sentencing jurisdiction by imposing a 10-year sentence, which must be substituted with the maximum 8 years allowed by law.
Court Disposition
appeal partially allowed
Orders
- The sentence of 10 years imprisonment is quashed and substituted with a sentence of 8 years imprisonment.
- All other grounds of appeal are dismissed.
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