R vs Lafortune (CN.26.2012) [2014] SCSC 287 (6 August 2014)

The total sentence of twenty-four years was excessive given the offences arose from a single course of conduct on one day and two further distinct offences. The sentences for the four offences on 30th May 2012 should run concurrently, with the sentences for the subsequent offences to run consecutively, resulting in a total sentence of thirteen years.

Citation: [2014] SCSC 287
Parties: Appellant: Tim Lafortune; Respondent: The Republic
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 6 August 2014
Case Number: CN.26.2012
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Sentence
Outcome: appeal allowed in part; sentences revised
Legal Topics: Sentencing, Stealing, Totality Principle, Concurrent and Consecutive Sentences
Source Language: English

Criminal Law Sentencing Stealing Totality Principle Concurrent and Consecutive Sentences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 7

Parties

Tim Lafortune

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

1 Whether the total sentence imposed by the Magistrate was excessive
2 Whether the principle of totality was properly applied in sentencing for multiple offences

Ratio Decidendi

Court Disposition

appeal allowed in part; sentences revised

Orders

Sentences of four years imprisonment in each case quashed.
Sentences of six years six months imposed for cases 442/12, 445/12, 446/12, 447/12 to run concurrently.