R v Michel & Ors (CO 74/2019) [2021] SCSC 877 (15 April 2021)

The court found that provocation by the victim was a significant mitigating factor, justifying suspended custodial sentences and fines with compensation to the victim, rather than immediate imprisonment.

Citation: [2021] SCSC 877
Parties: Prosecution: The Republic; 1st Accused: Betty May Michel; 2nd Accused: Jean Michel; 3rd Accused: Nelta Michel
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 15 April 2021
Case Number: CO 74/2019
Procedural Posture: Criminal / Sentencing
Outcome: conviction and sentencing
Legal Topics: Grievous Harm, Common Assault, Sentencing, Mitigation, Compensation
Source Language: English

Criminal Law Grievous Harm Common Assault Sentencing Mitigation Compensation

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 6

Parties

The Republic

Prosecution

Betty May Michel

1st Accused

Jean Michel

2nd Accused

Nelta Michel

3rd Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for grievous harm under Penal Code section 221
2 Appropriate sentence for common assault under Penal Code section 235
3 Effect of provocation on sentencing

Ratio Decidendi

Court Disposition

conviction and sentencing

Orders

1st convict: 2 years imprisonment suspended for 2 years, fine of SCR 25,000, in default 6 months imprisonment, SCR 20,000 compensation to victim from fine.
2nd convict: 2 years imprisonment suspended for 2 years, fine of SCR 25,000, in default 6 months imprisonment, SCR 20,000 compensation to victim from fine.