Bastienne v R (11 of 2005) [2005] SCSC 60 (11 December 2005)

Bastienne v R (11 of 2005) [2005] SCSC 60 (11 December 2005)

The appellant's guilty plea was valid as the charge was read and explained to him, and there is no legal requirement for the magistrate to inform the accused of the mandatory sentence before plea. There was no evidence that the appellant did not understand the charge or that his plea was not made freely.

Citation
[2005] SCSC 60
Parties
Appellant: Daniel Bastienne; Respondent: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 December 2005
Case Number
11 of 2005
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Guilty Plea, Mandatory Sentencing, Right to Counsel, Appeal Against Conviction and Sentence
Source Language
English
Criminal Law Guilty Plea Mandatory Sentencing Right to Counsel Appeal Against Conviction and Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Bastienne

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's guilty plea was valid in the absence of his advocate and without being informed of the mandatory sentence
  2. 2 Whether the conviction and sentence should be set aside due to alleged procedural irregularities

Ratio Decidendi

The appellant's guilty plea was valid as the charge was read and explained to him, and there is no legal requirement for the magistrate to inform the accused of the mandatory sentence before plea. There was no evidence that the appellant did not understand the charge or that his plea was not made freely.

Court Disposition

appeal dismissed