R v Songoire and Ors (CO 20/2013) [2016] SCSC 526 (19 July 2016)

The court imposed a suspended sentence and a fine on the 2nd accused, considering her age, prior detention, and the 4th accused's ongoing imprisonment, as mitigation factors.

Citation: [2016] SCSC 526
Parties: Prosecution: The Republic; First Accused: Jacquelin Songoire; Second Accused: Gemma Fernandez; Third Accused: Andrew Fernandez; Fourth Accused: Marie Josee Fernandez
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 19 July 2016
Case Number: CO 20/2013
Procedural Posture: Criminal / Sentencing
Outcome: 2nd and 4th accused sentenced to 3 months imprisonment suspended for 2 years; 2nd accused fined SR1,500 payable in 2 months; no fine imposed on 4th accused.
Legal Topics: Sentencing, Mitigation, Suspended Sentence, Imprisonment, Fine
Source Language: English

Criminal Law Sentencing Mitigation Suspended Sentence Imprisonment Fine

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 1 Party arguments 2 Amounts and remedies 4

Parties

The Republic

Prosecution

Jacquelin Songoire

First Accused

Gemma Fernandez

Second Accused

Andrew Fernandez

Third Accused

Marie Josee Fernandez

Fourth Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for 2nd and 4th accused considering mitigation and prior detention

Ratio Decidendi

The court imposed a suspended sentence and a fine on the 2nd accused, considering her age, prior detention, and the 4th accused's ongoing imprisonment, as mitigation factors.

Court Disposition

2nd and 4th accused sentenced to 3 months imprisonment suspended for 2 years; 2nd accused fined SR1,500 payable in 2 months; no fine imposed on 4th accused.

Orders

3 months imprisonment suspended for 2 years for 2nd and 4th accused
2nd accused to pay SR1,500 fine by 30th September 2016