Fardial v R (CN 36/2016, CN 37/2016) [2017] SCSC 899 (12 July 2017)

Fardial v R (CN 36/2016, CN 37/2016) [2017] SCSC 899 (12 July 2017)

The sentences imposed were harsh and excessive given the value of the items stolen and the circumstances; sentences for offences arising from the same transaction should run concurrently; the total sentence must be proportionate to the offences committed.

Citation
[2017] SCSC 899
Parties
Appellant: Marcus Fardial; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 July 2017
Case Number
CN 36/2016, CN 37/2016
Procedural Posture
Criminal Appeal / Judgment on Appeal From Magistrates’ Court
Outcome
Appeal allowed in part; sentences varied
Legal Topics
Sentencing, Totality Principle, Concurrent and Consecutive Sentences, Appeal Against Sentence
Source Language
English
Criminal Law Sentencing Totality Principle Concurrent and Consecutive Sentences Appeal Against Sentence

Case Brief

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Parties

Marcus Fardial

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Magistrates’ Court

Legal Issues

  1. 1 Whether the sentences imposed were harsh, excessive, and wrong in principle
  2. 2 Whether sentences should have been ordered to run concurrently or consecutively
  3. 3 Whether the principle of totality of sentences was properly applied

Ratio Decidendi

The sentences imposed were harsh and excessive given the value of the items stolen and the circumstances; sentences for offences arising from the same transaction should run concurrently; the total sentence must be proportionate to the offences committed.

Court Disposition

Appeal allowed in part; sentences varied

Orders

  • Sentence of 7 years in MC 135/2010 quashed and substituted with 3 years imprisonment
  • Sentences in MC 317/2010 (3.5 years and 1.5 years) to run concurrently