R v DL (CR 24/2020) [2020] SCSC 667 (17 December 2020)

R v DL (CR 24/2020) [2020] SCSC 667 (17 December 2020)

The protection of society from repeat sexual offenders outweighs the personal circumstances of the accused, and a severe sentence is warranted due to the gravity and recurrence of the offence.

Citation
[2020] SCSC 667
Parties
Prosecution: The Republic; Accused: DL
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 December 2020
Case Number
CR 24/2020
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sexual Assault, Recidivism, Sentencing
Source Language
English
Criminal Law Sexual Assault Recidivism Sentencing

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Parties

The Republic

Prosecution

DL

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for second offence of sexual assault within 10 years
  2. 2 Consideration of mitigating factors in sentencing repeat sexual offenders

Ratio Decidendi

The protection of society from repeat sexual offenders outweighs the personal circumstances of the accused, and a severe sentence is warranted due to the gravity and recurrence of the offence.

Court Disposition

convicted and sentenced

Orders

  • The accused is sentenced to twenty years imprisonment.
  • It is recommended that the accused receive psychosexual or related treatment while in prison.