R v Soomery (CV 4/1996) [1997] SCSC 11 (19 June 1997)

R v Soomery (CV 4/1996) [1997] SCSC 11 (19 June 1997)

The imposition of a partially suspended sentence is not permitted under the current law; the sentence must be either wholly suspended or wholly served. The sentence imposed by the Senior Magistrate was therefore quashed and replaced with a term of 2 weeks imprisonment, already served.

Citation
[1997] SCSC 11
Parties
Applicant: Republic; Respondent: Soomery
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 June 1997
Case Number
CV 4/1996
Procedural Posture
Criminal Revision / Judgment
Outcome
Sentence quashed and revised
Legal Topics
Suspended Sentences, Revisionary Jurisdiction, Partial Suspension of Sentence
Source Language
English
Criminal Law Sentencing Suspended Sentences Revisionary Jurisdiction Partial Suspension of Sentence

Case Brief

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Parties

Republic

Applicant

Soomery

Respondent

Procedural Posture

Criminal Revision / Judgment

Legal Issues

  1. 1 Whether a partly suspended sentence can be imposed under section 282 of the Criminal Procedure Code

Ratio Decidendi

The imposition of a partially suspended sentence is not permitted under the current law; the sentence must be either wholly suspended or wholly served. The sentence imposed by the Senior Magistrate was therefore quashed and replaced with a term of 2 weeks imprisonment, already served.

Court Disposition

Sentence quashed and revised

Orders

  • The sentence of partial suspension is quashed.
  • The respondent is sentenced to 2 weeks imprisonment effective from the original date of conviction and sentence.