Lafortune v R (CN 02/2017) [2017] SCSC 849 (12 April 2017)

The Magistrate had discretion under Section 27(1)(a) to suspend the licence, but in the circumstances of the case, the suspension was harsh and excessive; the fine was appropriate.

Citation: [2017] SCSC 849
Parties: Appellant: Hazel Lafortune; Respondent: The Republic
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 12 April 2017
Case Number: CN 02/2017
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed in part
Legal Topics: Driving Under the Influence, Sentencing, Licence Suspension
Source Language: English

Criminal Law Road Traffic Law Driving Under the Influence Sentencing Licence Suspension

Case Brief

Summary, issues, holding and outcome

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Parties

Hazel Lafortune

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the Magistrate had the power to suspend the appellant's driving licence under the relevant law
2 Whether the sentence imposed was harsh and manifestly excessive

Ratio Decidendi

The Magistrate had discretion under Section 27(1)(a) to suspend the licence, but in the circumstances of the case, the suspension was harsh and excessive; the fine was appropriate.

Court Disposition

appeal allowed in part

Orders

Order of suspension of driving licence quashed
Fine of SR5000 maintained