R v Allisop (CO 96/2015) [2017] SCSC 952 (2 November 2017)

R v Allisop (CO 96/2015) [2017] SCSC 952 (2 November 2017)

A custodial sentence of 5 years imprisonment on each count, to run concurrently, is just and proportionate given the convict's status as a first offender, his background, and the circumstances of the offences, notwithstanding the statutory minimum, as a longer sentence would be harsh and excessive.

Citation
[2017] SCSC 952
Parties
Prosecution: Republic; Accused: Cliv A Allisop
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 November 2017
Case Number
CO 96/2015
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Robbery With Violence, Grievous Harm, Sentencing, Mitigation, Mandatory Minimum Sentences
Source Language
English
Criminal Law Robbery With Violence Grievous Harm Sentencing Mitigation Mandatory Minimum Sentences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Republic

Prosecution

Cliv A Allisop

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery with violence and act intended to cause grievous harm
  2. 2 Applicability of mandatory minimum sentence for first offender
  3. 3 Consideration of mitigating factors in sentencing

Ratio Decidendi

A custodial sentence of 5 years imprisonment on each count, to run concurrently, is just and proportionate given the convict's status as a first offender, his background, and the circumstances of the offences, notwithstanding the statutory minimum, as a longer sentence would be harsh and excessive.

Court Disposition

Convicted and sentenced

Orders

  • 5 years imprisonment on Count 1 (robbery with violence)
  • 5 years imprisonment on Count 2 (act intended to cause grievous harm)