Victor v R (CN83/2013) [2015] SCSC 13 (23 January 2015)

Victor v R (CN83/2013) [2015] SCSC 13 (23 January 2015)

The sentences for the two counts in CN 30/2013 should run concurrently as the offences were committed in the same transaction before the relevant amendment, resulting in a total of 3 years imprisonment. In CN 83/2013, the total sentence is reduced to 8 years imprisonment for proportionality. Both sentences are to run consecutively and consecutive to any other sentence being served.

Citation
[2015] SCSC 13
Parties
Appellant: Ron Roy Victor; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 January 2015
Case Number
CN83/2013
Procedural Posture
Criminal Appeal / Judgment After Consolidated Appeals
Outcome
partly allowed and partly dismissed
Legal Topics
Sentencing, Housebreaking, Stealing From Dwelling House, Concurrent and Consecutive Sentences, Totality Principle
Source Language
English
Criminal Law Sentencing Housebreaking Stealing From Dwelling House Concurrent and Consecutive Sentences Totality Principle

Case Brief

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Parties

Ron Roy Victor

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment After Consolidated Appeals

Legal Issues

  1. 1 Whether the sentences imposed were harsh and excessive
  2. 2 Whether the sentences should run concurrently or consecutively
  3. 3 Application of the totality principle in sentencing

Ratio Decidendi

The sentences for the two counts in CN 30/2013 should run concurrently as the offences were committed in the same transaction before the relevant amendment, resulting in a total of 3 years imprisonment. In CN 83/2013, the total sentence is reduced to 8 years imprisonment for proportionality. Both sentences are to run consecutively and consecutive to any other sentence being served.

Court Disposition

partly allowed and partly dismissed

Orders

  • In CN 30/2013, sentences on both counts to run concurrently for a total of 3 years imprisonment.
  • In CN 83/2013, total sentence reduced to 8 years imprisonment.