Gerry v R (CN 79/2013) [2014] SCSC 428 (12 November 2014)

Gerry v R (CN 79/2013) [2014] SCSC 428 (12 November 2014)

The evidence did not support the charge under section 291(a) as the beach villa was not a building described in the section; however, the evidence established the lesser offence of criminal trespass under section 294(1) of the Penal Code. The conviction was substituted accordingly.

Citation
[2014] SCSC 428
Parties
Appellant: Ryan Gerry; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 November 2014
Case Number
CN 79/2013
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction and Sentence
Outcome
Conviction under section 291(a) set aside; conviction for criminal trespass under section 294(1) substituted; sentence reduced to three years imprisonment with time served and remand to count towards sentence.
Legal Topics
Breaking and Entering, Criminal Trespass, Appeal Procedure
Source Language
English
Criminal Law Breaking and Entering Criminal Trespass Appeal Procedure

Case Brief

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Parties

Ryan Gerry

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction under section 291(a) of the Penal Code was proper given the nature of the building
  2. 2 Whether the evidence supported the elements of the charged offence
  3. 3 Whether the conviction should be substituted with a lesser offence

Ratio Decidendi

The evidence did not support the charge under section 291(a) as the beach villa was not a building described in the section; however, the evidence established the lesser offence of criminal trespass under section 294(1) of the Penal Code. The conviction was substituted accordingly.

Court Disposition

Conviction under section 291(a) set aside; conviction for criminal trespass under section 294(1) substituted; sentence reduced to three years imprisonment with time served and remand to count towards sentence.

Orders

  • Conviction under section 291(a) of the Penal Code set aside
  • Appellant found guilty of criminal trespass under section 294(1) of the Penal Code