Meriton v R (CN 10/2016) [2018] SCSC 8042 (21 January 2018)

Meriton v R (CN 10/2016) [2018] SCSC 8042 (21 January 2018)

The appellate court found no fault with the conviction or sentence imposed by the Magistrate but, considering the young age of the Appellant, ordered that the five-year sentence run concurrently with the three-year sentence already being served.

Citation
[2018] SCSC 8042
Parties
Appellant: Andy Meriton; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 January 2018
Case Number
CN 10/2016
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Sentence varied
Legal Topics
Sentencing, Housebreaking, Stealing From Dwelling House, Mitigating Factors, Concurrent Sentences
Source Language
English
Criminal Law Sentencing Housebreaking Stealing From Dwelling House Mitigating Factors Concurrent Sentences

Case Brief

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Parties

Andy Meriton

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed by the Magistrate was wrong in law and principle
  2. 2 Whether the Magistrate failed to give due weight to mitigating factors
  3. 3 Whether the sentences should run concurrently with the existing sentence

Ratio Decidendi

The appellate court found no fault with the conviction or sentence imposed by the Magistrate but, considering the young age of the Appellant, ordered that the five-year sentence run concurrently with the three-year sentence already being served.

Court Disposition

Sentence varied

Orders

  • The sentence of five years shall run concurrently with the sentence of three years that Appellant is serving.