Alcindor v R (CN 14/2006) [2007] SCSC 35 (24 September 2007)

Alcindor v R (CN 14/2006) [2007] SCSC 35 (24 September 2007)

As the appellant was convicted only for receiving stolen property in both cases and the other charges were withdrawn, the offences constituted one transaction for sentencing purposes; therefore, the sentences should run concurrently.

Citation
[2007] SCSC 35
Parties
Appellant: Brian Alcindor; Respondent: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 September 2007
Case Number
CN 14/2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Receiving Stolen Property, Concurrent and Consecutive Sentences
Source Language
English
Criminal Law Sentencing Receiving Stolen Property Concurrent and Consecutive Sentences

Case Brief

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Parties

Brian Alcindor

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences for receiving stolen property in two related cases should run concurrently or consecutively
  2. 2 Whether the total sentence imposed was harsh and excessive given the withdrawal of other charges

Ratio Decidendi

As the appellant was convicted only for receiving stolen property in both cases and the other charges were withdrawn, the offences constituted one transaction for sentencing purposes; therefore, the sentences should run concurrently.

Court Disposition

appeal allowed

Orders

  • The sentence of 4 years imprisonment in case no 596/2004 shall run concurrently with the sentence of 4 years imprisonment in case no 595/2004