Republic v Cesar (76 of 2005) [2008] SCSC 88 (3 June 2008)

Republic v Cesar (76 of 2005) [2008] SCSC 88 (3 June 2008)

Given the offences were committed in the same month and considering the totality principle, the court imposed sentences to run concurrently but to commence after completion of the previous sentence in Criminal Side No. 77 of 2005.

Source-derived case information.

Citation
[2008] SCSC 88
Parties
Accused: Elvis Cesar; Prosecutor: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 June 2008
Case Number
76 of 2005
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Sexual Assault, Assault Occasioning Actual Bodily Harm, Sentencing, Concurrent Sentences
Source Language
english
Criminal Law Sexual Assault Assault Occasioning Actual Bodily Harm Sentencing Concurrent Sentences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Elvis Cesar

Accused

The Republic

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual assault and assault occasioning actual bodily harm
  2. 2 Whether sentences should run concurrently with previous sentence

Ratio Decidendi

Given the offences were committed in the same month and considering the totality principle, the court imposed sentences to run concurrently but to commence after completion of the previous sentence in Criminal Side No. 77 of 2005.

Court Disposition

Convicted and sentenced

Orders

  • Three years imprisonment on count I (sexual assault)
  • Two years imprisonment on count II (assault occasioning actual bodily harm)