R vs Benoit (CN 52.2013) [2014] SCSC 422 (7 November 2014)

R vs Benoit (CN 52.2013) [2014] SCSC 422 (7 November 2014)

The sentence imposed by the magistrate was based on an incorrect application of the law, specifically the wrong section and amendment of the Penal Code. The correct law did not require a minimum mandatory sentence for a first offender. The sentence is set aside and substituted with a term of three years imprisonment to run consecutively to the sentence already being served.

Citation
[2014] SCSC 422
Parties
Appellant: Pierre Benoit; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 November 2014
Case Number
CN 52.2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence varied
Legal Topics
Sentencing, Breaking and Entering, Appeal Procedure
Source Language
English
Criminal Law Sentencing Breaking and Entering Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Pierre Benoit

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was based on the correct law
  2. 2 Whether the sentence was harsh and excessive
  3. 3 Whether the appellant was entitled to benefit from being a first offender

Ratio Decidendi

The sentence imposed by the magistrate was based on an incorrect application of the law, specifically the wrong section and amendment of the Penal Code. The correct law did not require a minimum mandatory sentence for a first offender. The sentence is set aside and substituted with a term of three years imprisonment to run consecutively to the sentence already being served.

Court Disposition

sentence varied

Orders

  • Sentence of 5 years set aside
  • Appellant sentenced to 3 years imprisonment to run consecutively to sentence already being served