Adonis v R (CN 46/2015) [2017] SCSC 48 (26 January 2017)

Adonis v R (CN 46/2015) [2017] SCSC 48 (26 January 2017)

The offences were committed on the same date and should be treated as part of the same transaction; therefore, the sentences should run concurrently to avoid an excessive total sentence.

Citation
[2017] SCSC 48
Parties
Appellant: Steven Adonis; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 January 2017
Case Number
CN 46/2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part; sentences varied to run concurrently.
Legal Topics
Sentencing, Concurrent Sentences, Housebreaking, Burglary, Stealing From Dwelling House
Source Language
English
Criminal Law Sentencing Concurrent Sentences Housebreaking Burglary Stealing From Dwelling House

Case Brief

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Parties

Steven Adonis

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence imposed was harsh and excessive
  2. 2 Whether sentences for offences committed on the same date should run concurrently

Ratio Decidendi

The offences were committed on the same date and should be treated as part of the same transaction; therefore, the sentences should run concurrently to avoid an excessive total sentence.

Court Disposition

Appeal allowed in part; sentences varied to run concurrently.

Orders

  • The sentence of two years imprisonment in CN 45/2015 to run concurrently with the term of three years imprisonment in CN 46/2015.
  • Sentences imposed by the Magistrate are varied accordingly.