Payet v R (CN 30/2017) [2018] SCSC 8170 (21 May 2018)

Payet v R (CN 30/2017) [2018] SCSC 8170 (21 May 2018)

The Magistrate failed to deduct the time spent on remand from the sentence, contrary to Article 18(14) of the Constitution, thus the appeal is allowed and the remand period is to be deducted from the sentence.

Citation
[2018] SCSC 8170
Parties
Appellant: Christopher Payet; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 May 2018
Case Number
CN 30/2017
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Remand Time Deduction, Appeal Procedure
Source Language
English
Criminal Law Sentencing Remand Time Deduction Appeal Procedure

Case Brief

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Parties

Christopher Payet

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Magistrate erred in omitting to deduct time spent on remand from the sentence imposed

Ratio Decidendi

The Magistrate failed to deduct the time spent on remand from the sentence, contrary to Article 18(14) of the Constitution, thus the appeal is allowed and the remand period is to be deducted from the sentence.

Court Disposition

appeal allowed

Orders

  • Time spent on remand to be deducted from the sentence of 3 years imprisonment