I P v R (CN 20/2017 appeal from MC 34/2016) [2018] SCSC 8103 (4 March 2018)

I P v R (CN 20/2017 appeal from MC 34/2016) [2018] SCSC 8103 (4 March 2018)

The evidence established beyond reasonable doubt that the appellant assaulted the victim causing minor injuries; the defence of self-defence failed as the force used was excessive and disproportionate; the conviction was affirmed but the sentence was varied as the suspended imprisonment was not applicable and the total fine and compensation were excessive given the minor nature of the injuries.

Citation
[2018] SCSC 8103
Parties
Appellant: I P; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 March 2018
Case Number
CN 20/2017 appeal from MC 34/2016
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction affirmed, sentence varied
Legal Topics
Assault, Actual Bodily Harm, Self Defence, Sentencing
Source Language
English
Criminal Law Assault Actual Bodily Harm Self Defence Sentencing

Case Brief

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Parties

I P

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for assault causing actual bodily harm was supported by the evidence
  2. 2 Whether the sentence imposed was appropriate given the circumstances
  3. 3 Whether the defence of self-defence was available to the appellant

Ratio Decidendi

The evidence established beyond reasonable doubt that the appellant assaulted the victim causing minor injuries; the defence of self-defence failed as the force used was excessive and disproportionate; the conviction was affirmed but the sentence was varied as the suspended imprisonment was not applicable and the total fine and compensation were excessive given the minor nature of the injuries.

Court Disposition

conviction affirmed, sentence varied

Orders

  • Suspended term of imprisonment quashed
  • Fine and compensation orders quashed and substituted with a fine of SR 5000