R v Simeon & Baptiste & Bristol & Vel (CO10/2012) [2017] SCSC 321 (2 April 2017)

R v Simeon & Baptiste & Bristol & Vel (CO10/2012) [2017] SCSC 321 (2 April 2017)

The accused were sentenced to suspended imprisonment and fines due to their guilty pleas, remorse, and mitigating circumstances, but the seriousness and number of charges warranted more than a fine alone.

Citation
[2017] SCSC 321
Parties
Prosecutor: The Republic; Accused: Michel Simeon; Accused: Antoine Jean Baptist; Accused: Brenda Bristol; Accused: Grady Vel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 April 2017
Case Number
CO10/2012
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence imposed
Legal Topics
Sentencing, Mitigation, Plea of Guilty, Imprisonment, Fine, Forfeiture
Source Language
English
Criminal Law Sentencing Mitigation Plea of Guilty Imprisonment Fine Forfeiture

Case Brief

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Parties

The Republic

Prosecutor

Michel Simeon

Accused

Antoine Jean Baptist

Accused

Brenda Bristol

Accused

Grady Vel

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for accused who pleaded guilty to multiple charges
  2. 2 Consideration of mitigating factors in sentencing
  3. 3 Imposition of fines and imprisonment

Ratio Decidendi

The accused were sentenced to suspended imprisonment and fines due to their guilty pleas, remorse, and mitigating circumstances, but the seriousness and number of charges warranted more than a fine alone.

Court Disposition

conviction and sentence imposed

Orders

  • 1st Accused sentenced to 3 years imprisonment on 22 counts, suspended for 2 years, and fined SR 5,000 per count (SR 110,000 total), payable in monthly instalments; default results in 6 months imprisonment per count, consecutive.
  • 2nd Accused sentenced to 3 years imprisonment on 15 counts, suspended for 2 years, and fined SR 5,000 per count (SR 75,000 total), payable in monthly instalments; default results in 6 months imprisonment per count, consecutive.