Republic v Emmanuel (224 OF 2006) [2009] SCSC 106 (8 February 2009)

The period of 231 days spent on remand by the accused was not considered during sentencing and must be counted as part of the 5 year sentence pursuant to Article 18(14) of the Constitution.

Citation: [2009] SCSC 106
Parties: Appellant: Fred Emmanuel; Respondent: The Republic
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 8 February 2009
Case Number: 224 OF 2006
Procedural Posture: Criminal Appeal / Post Conviction Sentencing Order
Outcome: Application allowed. Remand period to be counted as part of sentence.
Legal Topics: Sentencing, Remand Period, Robbery With Violence
Source Language: English

Criminal Law Constitutional Law Sentencing Remand Period Robbery With Violence

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Parties

Fred Emmanuel

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Post Conviction Sentencing Order

Legal Issues

1 Whether the period spent on remand should be included in the sentence imposed.

Ratio Decidendi

The period of 231 days spent on remand by the accused was not considered during sentencing and must be counted as part of the 5 year sentence pursuant to Article 18(14) of the Constitution.

Court Disposition

Application allowed. Remand period to be counted as part of sentence.

Orders

The 231 days spent on remand shall be counted as forming part of the 5 year sentence.
Copy of the order to be served on the Superintendent of Prison.