R v Bastienne (CR 54 of 2017) [2024] SCSC 191 (1 August 2024)

R v Bastienne (CR 54 of 2017) [2024] SCSC 191 (1 August 2024)

Given the gravity of the offences, the significant harm to victims, and the need for deterrence balanced with mitigating factors such as first-time offender status and remorse, custodial sentences are imposed for each count, to run concurrently.

Citation
[2024] SCSC 191
Parties
Prosecution: The Republic; Defendant: Jean Paul Bastienne
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 August 2024
Case Number
CR 54 of 2017
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
House Breaking, Intent to Commit Felony, Grievous Harm, Assault, Actual Bodily Harm, Kidnapping, Sentencing
Source Language
English
Criminal Law House Breaking Intent to Commit Felony Grievous Harm Assault Actual Bodily Harm Kidnapping Sentencing

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

Parties

The Republic

Prosecution

Jean Paul Bastienne

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for house breaking with intent to commit a felony
  2. 2 appropriate sentence for act intended to cause grievous harm
  3. 3 appropriate sentence for assault to cause actual bodily harm

Ratio Decidendi

Given the gravity of the offences, the significant harm to victims, and the need for deterrence balanced with mitigating factors such as first-time offender status and remorse, custodial sentences are imposed for each count, to run concurrently.

Court Disposition

conviction and custodial sentence

Orders

  • Count 1: 4 years' imprisonment
  • Count 2: 6 months' imprisonment