R v Figaro (CO 31/2017) [2018] SCSC 8234 (25 July 2018)

R v Figaro (CO 31/2017) [2018] SCSC 8234 (25 July 2018)

Given the minor nature of the offence, absence of violence, and mitigating circumstances, a fine is appropriate rather than imprisonment.

Citation
[2018] SCSC 8234
Parties
Prosecutor: The Republic; Accused: Brenda Figaro
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 July 2018
Case Number
CO 31/2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and fined
Legal Topics
Sentencing, Obstruction of Justice
Source Language
English
Criminal Law Sentencing Obstruction of Justice

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Parties

The Republic

Prosecutor

Brenda Figaro

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for minor obstruction of justice
  2. 2 Application of Section 16(6) for minor offences

Ratio Decidendi

Given the minor nature of the offence, absence of violence, and mitigating circumstances, a fine is appropriate rather than imprisonment.

Court Disposition

convicted and fined

Orders

  • Fine of SR2,000 in CR 30 of 2017, payable within 6 months or 6 months imprisonment in default.
  • Fine of SR2,000 in CR 31 of 2017, payable within 6 months or 6 months imprisonment in default.