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
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Parties
Charles Estico
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 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
Full Case Text
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