R vs Moustache (Criminal Appeal Side No.15 of 2012) [2013] SCSC 38 (11 March 2013)

R vs Moustache (Criminal Appeal Side No.15 of 2012) [2013] SCSC 38 (11 March 2013)

The magistrate was correct in imposing the minimum mandatory sentence of eight years for housebreaking as a second offender and ordering consecutive sentences, as required by law. There were no exceptional grounds to depart from the statutory minimum.

Citation
[2013] SCSC 38
Parties
Appellant: Magid Moustache; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 March 2013
Case Number
Criminal Appeal Side No.15 of 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sentencing, Housebreaking, Stealing From Dwelling House, Mandatory Minimum Sentences, Consecutive Sentences
Source Language
English
Criminal Law Sentencing Housebreaking Stealing From Dwelling House Mandatory Minimum Sentences Consecutive Sentences

Case Brief

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Parties

Magid Moustache

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate was harsh, oppressive, manifestly excessive, wrong in principle, or outside discretionary limits
  2. 2 Whether the magistrate erred in imposing the minimum mandatory sentence and consecutive sentences

Ratio Decidendi

The magistrate was correct in imposing the minimum mandatory sentence of eight years for housebreaking as a second offender and ordering consecutive sentences, as required by law. There were no exceptional grounds to depart from the statutory minimum.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. The sentence imposed by the magistrate is upheld.