R v Albert & Anor (CO 27/2015) [2018] SCSC 8221 (12 July 2018)

R v Albert & Anor (CO 27/2015) [2018] SCSC 8221 (12 July 2018)

The aggravating circumstances, including breach of trust and the value of stolen items, outweighed the mitigating factors for the first convict. The second convict's prior convictions and the nature of the offence warranted a custodial sentence.

Citation
[2018] SCSC 8221
Parties
Prosecution: The Republic; First Accused: Godfrey Albert; Second Accused: Terry Pointe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 July 2018
Case Number
CO 27/2015
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Aiding and Abetting, Housebreaking, Stealing From Dwelling House, Retaining Stolen Property, Sentencing
Source Language
English
Criminal Law Aiding and Abetting Housebreaking Stealing From Dwelling House Retaining Stolen Property Sentencing

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Parties

The Republic

Prosecution

Godfrey Albert

First Accused

Terry Pointe

Second Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aiding and abetting housebreaking
  2. 2 Appropriate sentence for stealing from dwelling house
  3. 3 Appropriate sentence for retaining stolen property

Ratio Decidendi

The aggravating circumstances, including breach of trust and the value of stolen items, outweighed the mitigating factors for the first convict. The second convict's prior convictions and the nature of the offence warranted a custodial sentence.

Court Disposition

conviction and custodial sentence

Orders

  • Godfrey Albert sentenced to 5 years imprisonment on Count 2 and 3 years imprisonment on Count 3, to run concurrently.
  • Terry Pointe sentenced to 4 years imprisonment on Count 4, to run consecutively to all other terms of imprisonment imposed to date.