R vs Sopha (CN 15.2013) [2014] SCSC 250 (16 July 2014)
The sentence of 6 years for breaking and entering was not harsh or excessive given the appellant's previous conviction and the seriousness of the offence; however, the sentence for damaging property should run concurrently as both offences arose from the same incident and the law permits such discretion.
- Citation
- [2014] SCSC 250
- Parties
- Appellant: Andrea Sopha; Respondent: The Republic
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 16 July 2014
- Case Number
- CN 15.2013
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed with variation
- Legal Topics
- Sentencing, Breaking and Entering, Concurrent and Consecutive Sentences, Previous Convictions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Andrea Sopha
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was harsh and excessive given the circumstances and value of items stolen
- 2 Whether the sentences should run consecutively or concurrently
Ratio Decidendi
The sentence of 6 years for breaking and entering was not harsh or excessive given the appellant's previous conviction and the seriousness of the offence; however, the sentence for damaging property should run concurrently as both offences arose from the same incident and the law permits such discretion.
Court Disposition
appeal dismissed with variation
Orders
- Sentence of 6 months imprisonment on Count 2 to run concurrently with 6 years imprisonment on Count 1
- Appeal otherwise dismissed
Full Case Text
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