Republic vs Farabeau (CO 20 of 2021) [2021] SCSC 913 (21 October 2021)

Republic vs Farabeau (CO 20 of 2021) [2021] SCSC 913 (21 October 2021)

The sentence is mitigated due to the convict's early guilty plea, first offender status, remorse, and the fact that the child victim has recovered. Remand time is credited and remission applies, allowing immediate release.

Citation
[2021] SCSC 913
Parties
Prosecution: The Republic; Accused: Ashley Farabeau
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 October 2021 21 October 2021 10 June 2021
Case Number
CO 20 of 2021
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Mitigation, Remission
Source Language
English

Case Brief

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Parties

The Republic

Prosecution

Ashley Farabeau

Accused

Procedural Posture

Criminal / Sentencing

  1. 1 appropriate sentence for a first offender who pleaded guilty
  2. 2 consideration of time spent on remand and remission

Ratio Decidendi

The sentence is mitigated due to the convict's early guilty plea, first offender status, remorse, and the fact that the child victim has recovered. Remand time is credited and remission applies, allowing immediate release.

Court Disposition

convicted and sentenced

Orders

  • Two years imprisonment imposed.
  • Nineteen months spent on remand to be counted as part of sentence.