Joubert v R (CN 02/2018 and CN 05/2018) [2018] SCSC 8307 (28 October 2018)

Joubert v R (CN 02/2018 and CN 05/2018) [2018] SCSC 8307 (28 October 2018)

Given the Appellant's long history of similar offences, the value of the items stolen, and the careful consideration by the Magistrate of all relevant facts, the sentences of three years' imprisonment and compensation orders are not harsh or excessive.

Citation
[2018] SCSC 8307
Parties
Appellant: Christopher Joubert; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 October 2018
Case Number
CN 02/2018 and CN 05/2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Stealing, Appeal Procedure
Source Language
English
Criminal Law Sentencing Stealing Appeal Procedure

Case Brief

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Parties

Christopher Joubert

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed by the Magistrates' Court were harsh and excessive
  2. 2 Whether the Magistrate failed to apply proper sentencing principles

Ratio Decidendi

Given the Appellant's long history of similar offences, the value of the items stolen, and the careful consideration by the Magistrate of all relevant facts, the sentences of three years' imprisonment and compensation orders are not harsh or excessive.

Court Disposition

Appeal dismissed

Orders

  • Sentences of three years' imprisonment and compensation orders in both cases upheld
  • Appellant to be subject to a drug rehabilitation program during imprisonment