R v Esparon (CO 71/2013) [2018] SCSC 8058 (1 February 2018)

R v Esparon (CO 71/2013) [2018] SCSC 8058 (1 February 2018)

The existence of aggravating factors, including multiple victims, failure to stop immediately, and the severity of the consequences, justifies the imposition of a custodial sentence for causing death by dangerous driving.

Citation
[2018] SCSC 8058
Parties
Prosecution: The Republic; Accused: Bertrand Esparon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 February 2018
Case Number
CO 71/2013
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence imposed
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Sentencing, Aggravating Circumstances
Source Language
English
Criminal Law Road Traffic Law Dangerous Driving Causing Death by Dangerous Driving Sentencing Aggravating Circumstances

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 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Republic

Prosecution

Bertrand Esparon

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether aggravating circumstances exist to warrant a custodial sentence for causing death by dangerous driving
  2. 2 Appropriate sentence for causing death by dangerous driving under section 25 of the Road Transport Act

Ratio Decidendi

The existence of aggravating factors, including multiple victims, failure to stop immediately, and the severity of the consequences, justifies the imposition of a custodial sentence for causing death by dangerous driving.

Court Disposition

conviction and custodial sentence imposed

Orders

  • 15 months imprisonment for causing death by dangerous driving
  • Fine of SR 25,000; in default, 6 months imprisonment to run consecutively