R v De Giorgio (CO13/2018) [2018] SCSC 8339 (6 December 2018)

R v De Giorgio (CO13/2018) [2018] SCSC 8339 (6 December 2018)

Given the convict's high-ranking position, lack of remorse, and aggravating conduct, deterrent custodial sentences are warranted for each count, to run concurrently, with consecutive terms for default of fine payment.

Citation
[2018] SCSC 8339
Parties
Prosecution: The Republic; Accused: Abison De Giorgio
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 December 2018
Case Number
CO13/2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Corruption, Extortion, Unauthorised Disclosure of Information, Sentencing
Source Language
English
Criminal Law Corruption Extortion Unauthorised Disclosure of Information Sentencing

Case Brief

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Parties

The Republic

Prosecution

Abison De Giorgio

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for corruption-related offences by a public officer
  2. 2 mitigating and aggravating factors in sentencing
  3. 3 concurrent and consecutive sentencing for multiple offences

Ratio Decidendi

Given the convict's high-ranking position, lack of remorse, and aggravating conduct, deterrent custodial sentences are warranted for each count, to run concurrently, with consecutive terms for default of fine payment.

Court Disposition

convicted and sentenced

Orders

  • Count 2: 5 years imprisonment and SCR 25,000 fine (6 months imprisonment in default)
  • Count 3: 8 years imprisonment and SCR 25,000 fine (6 months imprisonment in default)