R v Jean & anor (CO 48/2019) [2020] SCSC 459 (1 March 2020)

R v Jean & anor (CO 48/2019) [2020] SCSC 459 (1 March 2020)

A fine is appropriate for first offenders who issued a dishonoured cheque, considering their remorse, circumstances, and the need for deterrence.

Citation
[2020] SCSC 459
Parties
Prosecutor: The Republic; Accused: Myra Jean; Accused: Meryl Padayachy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 March 2020
Case Number
CO 48/2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Dishonoured Cheque, Sentencing, First Offender
Source Language
English
Criminal Law Dishonoured Cheque Sentencing First Offender

Case Brief

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Parties

The Republic

Prosecutor

Myra Jean

Accused

Meryl Padayachy

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused issued a cheque without sufficient provision contrary to section 299 A (1) (a) of the Penal Code
  2. 2 Appropriate sentence for first offenders convicted of issuing a dishonoured cheque

Ratio Decidendi

A fine is appropriate for first offenders who issued a dishonoured cheque, considering their remorse, circumstances, and the need for deterrence.

Court Disposition

conviction and sentence

Orders

  • Each convict to pay a fine of SR 20,000 or serve 6 months imprisonment in default.
  • Fine to be paid on or before 30 April 2020.