Republic v Lesperance (2 of 2008) [2010] SCSC 42 (29 July 2010)

Republic v Lesperance (2 of 2008) [2010] SCSC 42 (29 July 2010)

The sentences imposed by the magistrate were contrary to the mandatory minimum terms prescribed by law for the offences under sections 290 and 378 as read with sections 280 and 281 of the Penal Code. The court substituted the sentences with the statutory minimum of 5 years imprisonment for each count, to run concurrently.

Citation
[2010] SCSC 42
Parties
Applicant: The Republic; Respondent: Mike Lesperance
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 July 2010
Case Number
2 of 2008
Procedural Posture
Criminal Revision / Judgment on Revision Application
Outcome
Sentences revised and increased to statutory minimums
Legal Topics
Sentencing, Minimum Mandatory Sentences, Revision of Sentence
Source Language
English
Criminal Law Sentencing Minimum Mandatory Sentences Revision of Sentence

Case Brief

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Parties

The Republic

Applicant

Mike Lesperance

Respondent

Procedural Posture

Criminal Revision / Judgment on Revision Application

Legal Issues

  1. 1 Whether the sentences imposed by the magistrate were in accordance with the minimum mandatory terms prescribed by law for the offences charged

Ratio Decidendi

The sentences imposed by the magistrate were contrary to the mandatory minimum terms prescribed by law for the offences under sections 290 and 378 as read with sections 280 and 281 of the Penal Code. The court substituted the sentences with the statutory minimum of 5 years imprisonment for each count, to run concurrently.

Court Disposition

Sentences revised and increased to statutory minimums

Orders

  • Sentence of 1 year imprisonment on count 1 set aside and substituted with 5 years imprisonment
  • Sentence of 2 years imprisonment on count 2 set aside and substituted with 5 years imprisonment