Rep v JL (CR 79/2015) [2020] SCSC 517 (12 June 2020)

Rep v JL (CR 79/2015) [2020] SCSC 517 (12 June 2020)

The court found that the convict showed no remorse and only concern for self-preservation. Despite being a first offender, the mandatory minimum sentence was appropriate given the circumstances and lack of mitigating factors relevant to sentencing.

Citation
[2020] SCSC 517
Parties
Prosecutor: Republic; Accused: JL
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 June 2020
Case Number
CR 79/2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Indecency Towards a Child, Sentencing, Sexual Offences
Source Language
English
Criminal Law Indecency Towards a Child Sentencing Sexual Offences

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Republic

Prosecutor

JL

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for indecency towards a child under Section 135(1) of the Penal Code?
  2. 2 Should the court impose the mandatory minimum sentence or consider mitigation?

Ratio Decidendi

The court found that the convict showed no remorse and only concern for self-preservation. Despite being a first offender, the mandatory minimum sentence was appropriate given the circumstances and lack of mitigating factors relevant to sentencing.

Court Disposition

convicted and sentenced

Orders

  • Count 1: 14 years imprisonment for indecency towards a child under 15, contrary to Section 135(1) of the Penal Code.
  • Count 2: 14 years imprisonment for indecency towards a child under 15, contrary to Section 135(1) of the Penal Code.