DL v R (CN 11/2017 Appeal from Magistrates Court decision 213/2015) [2018] SCSC 8112 (15 March 2018)

DL v R (CN 11/2017 Appeal from Magistrates Court decision 213/2015) [2018] SCSC 8112 (15 March 2018)

Given the aggravating circumstances—repetitive sexual assault, victim's young age, threats, and position of trust—the sentence of 10 years imprisonment is not harsh or excessive and is affirmed.

Citation
[2018] SCSC 8112
Parties
Appellant: D. L.; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 March 2018
Case Number
CN 11/2017 Appeal from Magistrates Court decision 213/2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed; sentence affirmed
Legal Topics
Sexual Assault, Sentencing, Appeal Against Sentence, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sexual Assault Sentencing Appeal Against Sentence Aggravating and Mitigating Factors

Case Brief

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Parties

D. L.

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 10 years imprisonment for sexual assault was harsh and excessive
  2. 2 Whether the Magistrate considered irrelevant matters or failed to consider relevant mitigating factors in sentencing

Ratio Decidendi

Given the aggravating circumstances—repetitive sexual assault, victim's young age, threats, and position of trust—the sentence of 10 years imprisonment is not harsh or excessive and is affirmed.

Court Disposition

appeal dismissed; sentence affirmed

Orders

  • Appeal against sentence dismissed
  • Sentence of 10 years imprisonment affirmed