Bristol v R (CN 20/2015) [2017] SCSC 914 (3 August 2017)

Bristol v R (CN 20/2015) [2017] SCSC 914 (3 August 2017)

The Magistrate erred in imposing sentences exceeding the statutory maximum and in failing to apply the principle of totality; the cumulative sentence was unlawful and excessive. The sentences must be reduced to within the statutory maximum and ordered to run concurrently.

Citation
[2017] SCSC 914
Parties
Appellant: Henry Bristol; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 August 2017
Case Number
CN 20/2015
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part; sentences varied
Legal Topics
Sentencing, Jurisdiction of Magistrates, Principle of Totality, Proportionality of Sentence, Concurrent and Consecutive Sentences
Source Language
English
Criminal Law Sentencing Jurisdiction of Magistrates Principle of Totality Proportionality of Sentence Concurrent and Consecutive Sentences

Case Brief

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Parties

Henry Bristol

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Magistrate exceeded jurisdiction in sentencing the appellant to 17 years imprisonment
  2. 2 Whether the sentences imposed were harsh and excessive
  3. 3 Whether the principle of totality and proportionality of sentence was properly applied

Ratio Decidendi

The Magistrate erred in imposing sentences exceeding the statutory maximum and in failing to apply the principle of totality; the cumulative sentence was unlawful and excessive. The sentences must be reduced to within the statutory maximum and ordered to run concurrently.

Court Disposition

appeal allowed in part; sentences varied

Orders

  • Sentence of 15 years for burglary quashed and replaced with 7 years imprisonment
  • Sentence of 2 years for stealing from a dwelling house to run concurrently with the 7 years for burglary