R vs Labonte (CN 68.2013) [2014] SCSC 346 (24 September 2014)

R vs Labonte (CN 68.2013) [2014] SCSC 346 (24 September 2014)

The appellant, having been properly warned and served, was deemed to have consented to trial in his absence; the magistrate erred in imposing consecutive sentences exceeding the statutory maximum, so the sentences must run concurrently and not exceed 8 years in total.

Citation
[2014] SCSC 346
Parties
Appellant: James Labonte; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 September 2014
Case Number
CN 68.2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction upheld, sentence varied
Legal Topics
Trial in Absentia, Sentencing Powers of Magistrates, Consecutive and Concurrent Sentences
Source Language
English
Criminal Law Trial in Absentia Sentencing Powers of Magistrates Consecutive and Concurrent Sentences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

James Labonte

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial and sentencing in the absence of the appellant was lawful
  2. 2 Whether the sentence imposed exceeded the magistrate's jurisdiction
  3. 3 Whether sentences should run consecutively or concurrently

Ratio Decidendi

The appellant, having been properly warned and served, was deemed to have consented to trial in his absence; the magistrate erred in imposing consecutive sentences exceeding the statutory maximum, so the sentences must run concurrently and not exceed 8 years in total.

Court Disposition

conviction upheld, sentence varied

Orders

  • Sentence on Count 2 reduced to two years
  • Sentences on both counts to run concurrently