Jean v R (CN 46/2014) [2017] SCSC 928 (27 September 2017)

Jean v R (CN 46/2014) [2017] SCSC 928 (27 September 2017)

The sentence of five years imposed by the Magistrate should run concurrently with the eight-year sentence being served, as consecutive sentences would be disproportionate to the totality of the appellant's behaviour and the gravity of the offences.

Citation
[2017] SCSC 928
Parties
Appellant: Roddy Jean; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 September 2017
Case Number
CN 46/2014
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Concurrent Sentences, Totality Principle, Proportionality
Source Language
English
Criminal Law Sentencing Concurrent Sentences Totality Principle Proportionality

Case Brief

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Parties

Roddy Jean

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed was harsh, excessive, and wrong in principle
  2. 2 Whether the sentence should have run concurrently with the previous sentence
  3. 3 Whether the principle of totality of sentences was correctly applied

Ratio Decidendi

The sentence of five years imposed by the Magistrate should run concurrently with the eight-year sentence being served, as consecutive sentences would be disproportionate to the totality of the appellant's behaviour and the gravity of the offences.

Court Disposition

appeal allowed

Orders

  • The sentence of five years imposed by the Magistrate shall run concurrently with the eight-year sentence.