Vankoesveld v R (SCA 5 of 1996) [1996] SCCA 39 (12 March 1996)
The sentence imposed did not adequately consider the accidental nature of the discharge and was therefore manifestly excessive.
Source-derived case information.
- Citation
- [1996] SCCA 39
- Parties
- Appellant: Cornelia Vankoesveld; Respondent: The Republic
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 5 of 1996
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Sentencing, Marine Pollution, Accidental Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cornelia Vankoesveld
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for accidental discharge of oil was manifestly excessive and harsh
Ratio Decidendi
The sentence imposed did not adequately consider the accidental nature of the discharge and was therefore manifestly excessive.
Court Disposition
Appeal allowed
Orders
- Sentence set aside
- Appropriate sentence to be imposed considering the accidental nature of the offence
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL CORNELIA VANKOESVELD APPELLANT V/S THE REPUBLIC RESPONDENT Criminal Appeal No. 5 f 1995 Before Goburdhun, P Silungwe and Ayoola, JJA. 1,7 Mr. B. Georges for the appellant Mrs. A. Antao for the Respondent JUDGMENT OF THE COURT his own plea of guilty, the contrary to regulation (Statutory Upon convicted by sea Regulations with section sentenced to of imprisonment for three months. appellant was the learned Chief Justice of discharging oil at 3(1) of the Maritime Zones Instrument No. 15 of 1981) as read He was fine of SR.50,000 and, in default, to a term 12(1) of the a Maritime Zones Act. The facts a Master of Victoria in February 1995. waste ship of the case are that the appellant is the which was anchored in Port M. V. Fenland While the appellant was pumping water from a bildge tank where waste water and oil get deposited, prohibited he area. unintentionally discharged into a This inadvertent discharge was attributed oil to a failure of an oil separating device. The appellant's appeal is against sentence which his of the learned counsel submits is manifestly excessive and harsh, in view the discharge was allegedly accidental. He contends that the learned Chief Justice fell into error in passing a sentence that did not reflect the actual crime support of his submission, committed and, fact that in cites two 1991 Supreme Court cases namely, The Republic Dated this t 34' day of F,e-blualy, 1996. -3- ridtA.pr, (H. GOBURDHUN) PRESIDENT ..... (A. M. SILUNGWE) ..... JUSTICE OF APPEAL 1,4A-4/ JUSTICE OF APPEAL (E. O. AYOOLA)