Forte & Or v Attorney General (CP 4 of 2019) [2019] SCCC 7 (12 August 2019)

Forte & Or v Attorney General (CP 4 of 2019) [2019] SCCC 7 (12 August 2019)

The Constitutional Court dismissed the petition on the grounds that the petitioners had not demonstrated any actual or likely contravention of their constitutional rights, and that adequate appellate remedies were available and already invoked. The issues raised were appellate in nature and not for constitutional determination at this stage.

Citation
[2019] SCCC 7
Parties
1st Petitioner: Collin Forte; 2nd Petitioner: Gina Forte; Respondent: Attorney General
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
12 August 2019
Case Number
CP 4 of 2019
Procedural Posture
Constitutional Petition / Preliminary Objection Ruling
Outcome
Petition dismissed. Preliminary objection upheld.
Legal Topics
Right to Fair Trial, Right to Equal Protection, Remission of Sentence, Jurisdiction of Constitutional Court, Appellate Procedure
Source Language
English
Constitutional Law Criminal Law Human Rights Right to Fair Trial Right to Equal Protection Remission of Sentence Jurisdiction of Constitutional Court Appellate Procedure

Case Brief

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Parties

Collin Forte

1st Petitioner

Gina Forte

2nd Petitioner

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the petitioners' constitutional rights under articles 16, 18(14), 19(1), (3), (11), and 27 were contravened by their conviction and sentence and denial of remission
  2. 2 Whether section 30(2)(a) and (b) of the Prison Act is unconstitutional for denying remission
  3. 3 Whether the Constitutional Court has jurisdiction to entertain the petition while an appeal is pending

Ratio Decidendi

The Constitutional Court dismissed the petition on the grounds that the petitioners had not demonstrated any actual or likely contravention of their constitutional rights, and that adequate appellate remedies were available and already invoked. The issues raised were appellate in nature and not for constitutional determination at this stage.

Court Disposition

Petition dismissed. Preliminary objection upheld.

Orders

  • Petition dismissed
  • No order as to costs