R v Lai Lam (CO 63/2018) [2020] SCSC 512 (5 June 2020)

R v Lai Lam (CO 63/2018) [2020] SCSC 512 (5 June 2020)

The offence was aggravated by the dangerous manner of driving and the convict's failure to assist the victim after the accident. Mitigating factors included the convict's personal circumstances and lack of intoxication. A custodial sentence of two years, a fine, and compensation were warranted to reflect the seriousness of the offence and its impact on the victim's family.

Citation
[2020] SCSC 512
Parties
Prosecution: Republic; Accused: Robert Roland Lai Lam
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 June 2020
Case Number
CO 63/2018
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Sentencing, Compensation, Driving Licence Suspension
Source Language
English
Criminal Law Road Traffic Law Dangerous Driving Causing Death by Dangerous Driving Sentencing Compensation Driving Licence Suspension

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Parties

Republic

Prosecution

Robert Roland Lai Lam

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for causing death by dangerous driving
  2. 2 Whether aggravating and mitigating factors justify custodial sentence and fine
  3. 3 Entitlement to compensation for victim's partner

Ratio Decidendi

The offence was aggravated by the dangerous manner of driving and the convict's failure to assist the victim after the accident. Mitigating factors included the convict's personal circumstances and lack of intoxication. A custodial sentence of two years, a fine, and compensation were warranted to reflect the seriousness of the offence and its impact on the victim's family.

Court Disposition

conviction and sentence

Orders

  • 2 years imprisonment on Count 2
  • Fine of SCR 100,000 to be paid within 6 months