Attorney General v Marie (RV 01/2013) [2015] SCSC 158 (29 May 2015)

Attorney General v Marie (RV 01/2013) [2015] SCSC 158 (29 May 2015)

The sentence of 5 years imprisonment imposed by the Magistrate was proportionate and just in light of the mitigating circumstances, despite the statutory minimum, and is upheld. Compensation is ordered for damage caused during the offence.

Citation
[2015] SCSC 158
Parties
Appellant: The Attorney General; Respondent: Daniel Marie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 May 2015
Case Number
RV 01/2013
Procedural Posture
Criminal Revision / Judgment on Revision Application
Outcome
sentence upheld with modification
Legal Topics
Sentencing, Mandatory Minimum Sentences, Revision of Sentence, Compensation Orders
Source Language
English
Criminal Law Sentencing Mandatory Minimum Sentences Revision of Sentence Compensation Orders

Case Brief

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Parties

The Attorney General

Appellant

Daniel Marie

Respondent

Procedural Posture

Criminal Revision / Judgment on Revision Application

Legal Issues

  1. 1 Whether the sentence of 5 years imprisonment imposed by the Magistrate was lawful given the statutory minimum of 10 years for the offence charged
  2. 2 Whether the court should revise the sentence to comply with the amended Penal Code
  3. 3 Whether compensation should be ordered for damage caused during the offence

Ratio Decidendi

The sentence of 5 years imprisonment imposed by the Magistrate was proportionate and just in light of the mitigating circumstances, despite the statutory minimum, and is upheld. Compensation is ordered for damage caused during the offence.

Court Disposition

sentence upheld with modification

Orders

  • The sentence of 5 years imprisonment imposed by the Magistrate is upheld.
  • The Respondent is ordered to pay compensation of SR 3000 to the company for damage caused, to be paid within 6 months of release from prison.