R v Edmond (CO 66/2013) [2018] SCSC 8149 (11 April 2018)

R v Edmond (CO 66/2013) [2018] SCSC 8149 (11 April 2018)

The court balanced the convict's advanced age, medical conditions, and first offender status against the aggravating factor of loss of life due to gross negligence, concluding that a custodial sentence would not serve justice but must be commensurate with the offence. A suspended sentence, fine, and suspension of driving license were imposed.

Citation
[2018] SCSC 8149
Parties
Prosecutor: The Republic; Accused: Stephany Edmond
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 April 2018
Case Number
CO 66/2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Sentencing
Source Language
English
Criminal Law Road Traffic Law Dangerous Driving Causing Death by Dangerous Driving Sentencing

Case Brief

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Parties

The Republic

Prosecutor

Stephany Edmond

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for causing death by dangerous driving under Section 25 of the Road Transport Act

Ratio Decidendi

The court balanced the convict's advanced age, medical conditions, and first offender status against the aggravating factor of loss of life due to gross negligence, concluding that a custodial sentence would not serve justice but must be commensurate with the offence. A suspended sentence, fine, and suspension of driving license were imposed.

Court Disposition

Convicted and sentenced

Orders

  • 18 months imprisonment suspended for 3 years
  • Fine of Rs10,000 payable in instalments within 1 year