R vs Forte (Revision Side No 5 of 2011) [2013] SCSC 40 (26 March 2013)

R vs Forte (Revision Side No 5 of 2011) [2013] SCSC 40 (26 March 2013)

The sentence of a fine of SR 1500, with SR 500 to the victim, was inadequate and disproportionate to the seriousness of the offence, considering the nature of the injuries sustained. The sentence was enhanced to 6 months imprisonment and a fine of SR 5000, with SR 2500 to be paid to the victim as compensation.

Citation
[2013] SCSC 40
Parties
Applicant: The Republic; Respondent: Barry Forte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2013
Case Number
Revision Side No 5 of 2011
Procedural Posture
Criminal Revision / Judgment on Revision Application
Outcome
Sentence enhanced on revision
Legal Topics
Revision of Sentence, Grievous Bodily Harm, Sentencing Principles
Source Language
English
Criminal Law Revision of Sentence Grievous Bodily Harm Sentencing Principles

Case Brief

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Parties

The Republic

Applicant

Barry Forte

Respondent

Procedural Posture

Criminal Revision / Judgment on Revision Application

Legal Issues

  1. 1 Whether the sentence imposed by the Magistrate was correct, legal, and proportionate to the offence of causing grievous bodily harm

Ratio Decidendi

The sentence of a fine of SR 1500, with SR 500 to the victim, was inadequate and disproportionate to the seriousness of the offence, considering the nature of the injuries sustained. The sentence was enhanced to 6 months imprisonment and a fine of SR 5000, with SR 2500 to be paid to the victim as compensation.

Court Disposition

Sentence enhanced on revision

Orders

  • Respondent sentenced to 6 months imprisonment
  • Respondent fined SR 5000, with SR 2500 to be paid to the victim as compensation