Charles v R (CN 88/2013) [2015] SCSC 227 (24 June 2015)

Charles v R (CN 88/2013) [2015] SCSC 227 (24 June 2015)

Given the offences were committed on the same day, at the same place, against the same victim, with low value stolen and mitigating factors outweighing aggravating circumstances, the sentences should run concurrently.

Citation
[2015] SCSC 227
Parties
Appellant: Randy Charles; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 June 2015
Case Number
CN 88/2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Concurrent and Consecutive Sentences, Mitigating Factors
Source Language
English
Criminal Law Sentencing Concurrent and Consecutive Sentences Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Randy Charles

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences for housebreaking and stealing from a dwelling house should run concurrently or consecutively
  2. 2 Whether the trial magistrate failed to consider mitigating factors

Ratio Decidendi

Given the offences were committed on the same day, at the same place, against the same victim, with low value stolen and mitigating factors outweighing aggravating circumstances, the sentences should run concurrently.

Court Disposition

appeal allowed in part

Orders

  • Order of consecutive sentences quashed
  • Sentences on both counts to run concurrently