R v Gabriel (CO 61/2020) [2021] SCSC 983 (20 August 2021)

R v Gabriel (CO 61/2020) [2021] SCSC 983 (20 August 2021)

Given the young age of the victim, the facts of the accident, and the accused's early guilty plea and remorse, an immediate custodial sentence is warranted but mitigated by the plea and remorse shown.

Citation
[2021] SCSC 983
Parties
Prosecutor: Republic; Accused: Mark Gabriel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 August 2021
Case Number
CO 61/2020
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted on plea of guilty; sentenced to imprisonment and fine.
Legal Topics
Causing Death by Dangerous Driving, Sentencing, Mitigation
Source Language
English
Criminal Law Road Traffic Law Causing Death by Dangerous Driving Sentencing Mitigation

Case Brief

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Parties

Republic

Prosecutor

Mark Gabriel

Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for causing death by dangerous driving
  2. 2 Consideration of mitigating factors in sentencing

Ratio Decidendi

Given the young age of the victim, the facts of the accident, and the accused's early guilty plea and remorse, an immediate custodial sentence is warranted but mitigated by the plea and remorse shown.

Court Disposition

Convicted on plea of guilty; sentenced to imprisonment and fine.

Orders

  • Two years six months imprisonment.
  • Fine of SCR 25,000/-.