R vs Savy (CN 17.2013) [2014] SCSC 151 (2 May 2014)

R vs Savy (CN 17.2013) [2014] SCSC 151 (2 May 2014)

The magistrate exceeded her statutory sentencing powers by imposing an aggregate sentence greater than eight years; the appropriate sentence, considering the guilty plea and previous convictions, is seven years imprisonment for burglary (Count 1) and one year for stealing (Count 2), to run concurrently, resulting in a total of seven years imprisonment.

Citation
[2014] SCSC 151
Parties
Appellant: Yannick Savy; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 May 2014
Case Number
CN 17.2013
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Burglary, Stealing From Dwelling House, Magistrate's Sentencing Powers, Minimum Mandatory Sentence
Source Language
English
Criminal Law Sentencing Burglary Stealing From Dwelling House Magistrate's Sentencing Powers Minimum Mandatory Sentence

Case Brief

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Parties

Yannick Savy

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate exceeded statutory powers
  2. 2 Whether the minimum mandatory sentence provisions applied
  3. 3 Whether sentences should be concurrent or consecutive

Ratio Decidendi

The magistrate exceeded her statutory sentencing powers by imposing an aggregate sentence greater than eight years; the appropriate sentence, considering the guilty plea and previous convictions, is seven years imprisonment for burglary (Count 1) and one year for stealing (Count 2), to run concurrently, resulting in a total of seven years imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Quash the sentence of 15 years imprisonment for Count 1 and substitute with 7 years imprisonment.
  • Order that the sentences for Count 1 and Count 2 run concurrently.