R vs Estro (CN 70.2013) [2014] SCSC 260 (21 July 2014)

R vs Estro (CN 70.2013) [2014] SCSC 260 (21 July 2014)

The Magistrate exercised proper discretion under section 36 of the Penal Code, and the sentence of 3 years' imprisonment for stealing from person was not harsh or excessive given the circumstances of the offence.

Citation
[2014] SCSC 260
Parties
Appellant: Alvin Estro; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 July 2014
Case Number
CN 70.2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Stealing From Person, Concurrent Sentences
Source Language
English
Criminal Law Sentencing Stealing From Person Concurrent Sentences

Case Brief

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Parties

Alvin Estro

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was harsh and excessive
  2. 2 Whether the sentence should run concurrently with other sentences being served

Ratio Decidendi

The Magistrate exercised proper discretion under section 36 of the Penal Code, and the sentence of 3 years' imprisonment for stealing from person was not harsh or excessive given the circumstances of the offence.

Court Disposition

appeal dismissed

Orders

  • sentence of 3 years' imprisonment upheld