R v DR (CO 50/2014) [2018] SCSC 8086 (21 February 2018)

R v DR (CO 50/2014) [2018] SCSC 8086 (21 February 2018)

The court imposed a sentence of 7 years imprisonment for each count, to run concurrently, considering the convict's authority over the victim as an aggravating factor, but also his age and first offender status as mitigating factors, and referencing recent sentencing trends.

Citation
[2018] SCSC 8086
Parties
Prosecution: Republic; Accused: D R
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 February 2018
Case Number
CO 50/2014
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sexual Assault, Sentencing, Child Protection
Source Language
English
Criminal Law Sexual Assault Sentencing Child Protection

Case Brief

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Parties

Republic

Prosecution

D R

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual assault by a person in authority over a minor
  2. 2 Application of minimum sentencing provisions under Section 130 of the Penal Code

Ratio Decidendi

The court imposed a sentence of 7 years imprisonment for each count, to run concurrently, considering the convict's authority over the victim as an aggravating factor, but also his age and first offender status as mitigating factors, and referencing recent sentencing trends.

Court Disposition

convicted and sentenced

Orders

  • Count 1: 7 years imprisonment
  • Count 2: 7 years imprisonment