Lesperance v R (CN 57/2014) [2015] SCSC 169 (2 June 2015)

Lesperance v R (CN 57/2014) [2015] SCSC 169 (2 June 2015)

The imposition of consecutive sentences resulting in a total of 22 years and 6 months imprisonment was grossly disproportionate given the appellant's age and the circumstances. The sentences in each case were adjusted to run concurrently where appropriate, and the total term reduced to 12 years imprisonment, following the principle of proportionality and the precedent in Lenclume v The Republic.

Citation
[2015] SCSC 169
Parties
Appellant: Michael Lesperance; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 June 2015
Case Number
CN 57/2014
Procedural Posture
Criminal Appeal / Judgment After Appeal Against Sentence
Outcome
appeal allowed in part; sentences varied
Legal Topics
Sentencing, Consecutive and Concurrent Sentences, Proportionality, Youthful Offenders
Source Language
English
Criminal Law Sentencing Consecutive and Concurrent Sentences Proportionality Youthful Offenders

Case Brief

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Parties

Michael Lesperance

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment After Appeal Against Sentence

Legal Issues

  1. 1 Whether the consecutive sentences imposed were harsh and excessive
  2. 2 Whether sentences should run concurrently or consecutively given the age of the offender and proportionality

Ratio Decidendi

The imposition of consecutive sentences resulting in a total of 22 years and 6 months imprisonment was grossly disproportionate given the appellant's age and the circumstances. The sentences in each case were adjusted to run concurrently where appropriate, and the total term reduced to 12 years imprisonment, following the principle of proportionality and the precedent in Lenclume v The Republic.

Court Disposition

appeal allowed in part; sentences varied

Orders

  • Sentences in CA 92/2013 and CA 57/2014 to run concurrently within each case; each case's sentence to run consecutively to the others as specified.
  • Sentence in CA 59/2013 reduced to 2 years imprisonment and to run consecutively to the other cases as specified.