R vs Estico (CA 20.2013) [2014] SCSC 402 (29 October 2014)

R vs Estico (CA 20.2013) [2014] SCSC 402 (29 October 2014)

The conviction was improper because the facts were admitted by counsel and not by the accused himself, rendering the plea equivocal and contrary to statutory and case law requirements.

Citation
[2014] SCSC 402
Parties
Appellant: Charles Estico; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 October 2014
Case Number
CA 20.2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Plea of Guilty, Equivocal Plea, Admission of Facts, Right of Appeal, Procedure on Plea
Source Language
English

Case Brief

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Parties

Charles Estico

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the conviction based on a guilty plea was proper when the facts were admitted by counsel and not the accused himself

Ratio Decidendi

The conviction was improper because the facts were admitted by counsel and not by the accused himself, rendering the plea equivocal and contrary to statutory and case law requirements.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence of 10 years set aside