R vs Constant (CO 29.2013) [2014] SCSC 242 (4 July 2014)

R vs Constant (CO 29.2013) [2014] SCSC 242 (4 July 2014)

The total sentence of 9 ½ years imposed by the Magistrate exceeded the statutory maximum of 8 years imprisonment permitted by section 6(2) of the Criminal Procedure Code, rendering the sentence unlawful and excessive. The appropriate aggregate sentence is 8 years.

Citation
[2014] SCSC 242
Parties
Appellant: Yannick Constant; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 July 2014
Case Number
CO 29.2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal partially allowed
Legal Topics
Sentencing, Jurisdiction of Magistrate, Consecutive and Concurrent Sentences, Mitigation, Totality Principle
Source Language
English
Criminal Law Sentencing Jurisdiction of Magistrate Consecutive and Concurrent Sentences Mitigation Totality Principle

Case Brief

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Parties

Yannick Constant

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence imposed by the Magistrate exceeded jurisdictional limits under the Criminal Procedure Code
  2. 2 Whether the Magistrate failed to consider the plea of guilty and mitigating factors
  3. 3 Whether the principle of totality of sentences was breached

Ratio Decidendi

The total sentence of 9 ½ years imposed by the Magistrate exceeded the statutory maximum of 8 years imprisonment permitted by section 6(2) of the Criminal Procedure Code, rendering the sentence unlawful and excessive. The appropriate aggregate sentence is 8 years.

Court Disposition

Appeal partially allowed

Orders

  • The total consecutive sentence of 9 ½ years is quashed.
  • Substituted with a sentence of 8 years imprisonment as the aggregate total for the four files.