Pathon v R (CN 11/2014) [2016] SCSC 599 (16 August 2016)

Pathon v R (CN 11/2014) [2016] SCSC 599 (16 August 2016)

The sentence of 10 years was manifestly excessive and harsh given the appellant's status as a first offender, his youth, family responsibilities, and guilty plea. Sentence reduced to 4 years.

Citation
[2016] SCSC 599
Parties
Appellant: Randolf Pathon; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 August 2016
Case Number
CN 11/2014
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal partly allowed
Legal Topics
Sentencing, Appeal Against Sentence, Breaking and Entering
Source Language
English
Criminal Law Sentencing Appeal Against Sentence Breaking and Entering

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 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Randolf Pathon

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of 10 years imprisonment for breaking and entering was manifestly excessive and harsh

Ratio Decidendi

The sentence of 10 years was manifestly excessive and harsh given the appellant's status as a first offender, his youth, family responsibilities, and guilty plea. Sentence reduced to 4 years.

Court Disposition

appeal partly allowed

Orders

  • Sentence reduced from 10 years to 4 years imprisonment
  • Appellant to be released after serving 4 years