Figaro v R (CN 02/2014) [2015] SCSC 194 (16 June 2015)

Figaro v R (CN 02/2014) [2015] SCSC 194 (16 June 2015)

The Magistrate exceeded her sentencing jurisdiction by imposing a total of 13 years imprisonment, which was above the statutory maximum of 10 years. The trial court failed to consider the guilty plea and mitigating factors, and had discretion to impose lesser and concurrent sentences. The appeal was allowed to the extent of reducing and ordering the sentences to run concurrently.

Citation
[2015] SCSC 194
Parties
Appellant: Kevin Ron Figaro; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 June 2015
Case Number
CN 02/2014
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Concurrent and Consecutive Sentences, Mandatory Minimum Sentences, Mitigating Factors
Source Language
English
Criminal Law Sentencing Concurrent and Consecutive Sentences Mandatory Minimum Sentences Mitigating Factors

Case Brief

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Parties

Kevin Ron Figaro

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed exceeded the Magistrate's jurisdiction
  2. 2 Whether the sentences should have been ordered to run concurrently
  3. 3 Whether the trial Magistrate failed to consider mitigating factors and the guilty plea

Ratio Decidendi

The Magistrate exceeded her sentencing jurisdiction by imposing a total of 13 years imprisonment, which was above the statutory maximum of 10 years. The trial court failed to consider the guilty plea and mitigating factors, and had discretion to impose lesser and concurrent sentences. The appeal was allowed to the extent of reducing and ordering the sentences to run concurrently.

Court Disposition

appeal allowed in part

Orders

  • Sentence on first count substituted to 5 years imprisonment.
  • Sentence on second count substituted to 3 years imprisonment.