Cadeau v Republic (CN 94/2013) [2015] SCSC 192 (23 April 2015)

Cadeau v Republic (CN 94/2013) [2015] SCSC 192 (23 April 2015)

The sentence of 12 years imprisonment exceeded the Magistrate's statutory jurisdiction and was therefore illegal; the appropriate sentence under the law is a maximum of 14 years, but considering all circumstances, a sentence of 7 years is substituted.

Source-derived case information.

Citation
[2015] SCSC 192
Parties
Appellant: Danny Cadeau; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 April 2015
Case Number
CN 94/2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
sentence varied on appeal
Legal Topics
Sentencing, Jurisdiction, Breaking and Entering, Appeal Procedure
Source Language
english
Criminal Law Sentencing Jurisdiction Breaking and Entering Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Danny Cadeau

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence of 12 years imprisonment was excessive and illegal
  2. 2 Whether the Magistrate exceeded her sentencing jurisdiction
  3. 3 Whether recovery of stolen property was properly considered

Ratio Decidendi

The sentence of 12 years imprisonment exceeded the Magistrate's statutory jurisdiction and was therefore illegal; the appropriate sentence under the law is a maximum of 14 years, but considering all circumstances, a sentence of 7 years is substituted.

Court Disposition

sentence varied on appeal

Orders

  • The sentence of 12 years imprisonment is quashed and substituted with 7 years imprisonment.
  • All other orders of the Magistrate remain intact.