Charles v R (CN 04/2019 and CN 05/2019) [2020] SCSC 593 (4 September 2020)

Charles v R (CN 04/2019 and CN 05/2019) [2020] SCSC 593 (4 September 2020)

Imposing the maximum sentence on a plea of guilty without considering leniency is harsh and excessive; the sentence for unlawful possession is reduced to one year, while the sentence for criminal trespass is affirmed, both to run consecutively.

Citation
[2020] SCSC 593
Parties
Appellant: Kenneth Charles; Respondent: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 September 2020
Case Number
CN 04/2019 and CN 05/2019
Procedural Posture
Criminal Appeal / Judgment After Consolidated Appeals Against Sentence
Outcome
Appeal against sentence in CN 04/2019 upheld and sentence reduced; appeal in CN 05/2019 dismissed; sentences to run consecutively.
Legal Topics
Sentencing, Consecutive Sentences, Plea of Guilty, Leniency in Sentencing
Source Language
English
Criminal Law Sentencing Consecutive Sentences Plea of Guilty Leniency in Sentencing

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 1 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Kenneth Charles

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment After Consolidated Appeals Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were harsh and excessive
  2. 2 Whether sentences should have been ordered to run concurrently
  3. 3 Whether maximum sentence should be imposed on a guilty plea

Ratio Decidendi

Imposing the maximum sentence on a plea of guilty without considering leniency is harsh and excessive; the sentence for unlawful possession is reduced to one year, while the sentence for criminal trespass is affirmed, both to run consecutively.

Court Disposition

Appeal against sentence in CN 04/2019 upheld and sentence reduced; appeal in CN 05/2019 dismissed; sentences to run consecutively.

Orders

  • Sentence in CN 04/2019 reduced to one year imprisonment.
  • Sentence in CN 05/2019 of one year imprisonment affirmed.