Edmond v R (CN 09/2015) [2017] SCSC 77 (29 January 2017)

Edmond v R (CN 09/2015) [2017] SCSC 77 (29 January 2017)

The cumulative sentence of 14 years imprisonment exceeded the sentencing jurisdiction of the Magistrate's Court and was therefore illegal; sentences should have been ordered to run concurrently, not consecutively, and the total sentence must be proportionate and fair.

Source-derived case information.

Citation
[2017] SCSC 77
Parties
Appellant: Kevin Edmond; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 January 2017
Case Number
CN 09/2015
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Concurrent and Consecutive Sentences, Proportionality, Totality Principle, Jurisdiction of Magistrates, Right to Fair Trial
Source Language
english
Criminal Law Constitutional Law Sentencing Concurrent and Consecutive Sentences Proportionality Totality Principle Jurisdiction of Magistrates Right to Fair Trial

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Summary, issues, holding and outcome

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Parties

Kevin Edmond

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the cumulative sentence of 14 years imprisonment was lawful and within the sentencing jurisdiction of the Magistrate's Court
  2. 2 Whether the sentences should have been ordered to run concurrently or consecutively
  3. 3 Whether the sentence imposed was manifestly harsh, excessive, or disproportionate

Ratio Decidendi

The cumulative sentence of 14 years imprisonment exceeded the sentencing jurisdiction of the Magistrate's Court and was therefore illegal; sentences should have been ordered to run concurrently, not consecutively, and the total sentence must be proportionate and fair.

Court Disposition

appeal allowed

Orders

  • The cumulative sentence of 14 years imprisonment is quashed and set aside.
  • Sentences in all three files to run concurrently, not consecutively.