Moustache v The Republic (CN 13 of 2022) [2025] SCSC 4 (24 January 2025)

Moustache v The Republic (CN 13 of 2022) [2025] SCSC 4 (24 January 2025)

The sentence of 8 years’ imprisonment was not harsh, excessive, or wrong in law. The Magistrate properly considered both aggravating and mitigating factors, applied the principle of totality, and exercised discretion to order concurrent sentences. The offences were not part of the same transaction, but concurrent sentences were justified to avoid an unduly long period of incarceration. There was no error in principle or law warranting appellate interference.

Citation
[2025] SCSC 4
Parties
Appellant: Appellant; Respondent: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 January 2025
Case Number
CN 13 of 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sentencing, Breaking and Entering, Stealing, Concurrent Sentences, Appeal Against Sentence
Source Language
English
Criminal Law Sentencing Breaking and Entering Stealing Concurrent Sentences Appeal Against Sentence

Case Brief

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Parties

Appellant

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence of 8 years’ imprisonment for breaking and entering and stealing was harsh, excessive, or wrong in law
  2. 2 Whether the Magistrate erred in imposing different sentences for similar offences committed by the same person
  3. 3 Whether the principle of parity and totality in sentencing was properly applied

Ratio Decidendi

The sentence of 8 years’ imprisonment was not harsh, excessive, or wrong in law. The Magistrate properly considered both aggravating and mitigating factors, applied the principle of totality, and exercised discretion to order concurrent sentences. The offences were not part of the same transaction, but concurrent sentences were justified to avoid an unduly long period of incarceration. There was no error in principle or law warranting appellate interference.

Court Disposition

appeal dismissed

Orders

  • Sentence of 8 years’ imprisonment for breaking and entering and stealing confirmed
  • No interference with concurrent sentences