Seychelles Case Law

Sinon v R (CN 05 of 2023 (Arising in CO 416 of 2022))

Sinon v R (CN 05 of 2023 (Arising in CO 416 of 2022)) [2024] SCSC 91 (20 June 2024)

Court

Supreme Court

Case number

CN 05 of 2023 (Arising in CO 416 of 2022)

The offences of housebreaking and stealing were committed in the same transaction and are similar in nature; therefore, imposing consecutive sentences was wrong in principle. The total sentence of eight years is proportionate and not harsh or excessive, but the sentences should run concurrently.

Source excerpt

• Sentencing
• Concurrent and consecutive sentences
• Housebreaking
• Theft
• Appeals

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Confait v R (SCA 5 of 2018)

Confait v R (SCA 5 of 2018) [2018] SCCA 40 (13 December 2018)

Court

Court of Appeal

Case number

SCA 5 of 2018

The sentence of 7 years imposed by the Magistrates Court in case C. No. 565/09 should run concurrently, not consecutively, with other sentences the appellant was serving, given the appellant's age at the time of the offences and the nature of the offences, and guided by the principle of totality of sentences.

Source excerpt

• Housebreaking
• Sentencing
• Appeal out of time
• Consecutive and concurrent sentences
• Totality principle

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Eugenie v R (CN 09/2017, CN 12/2017, CN 13/2017, CN 14/2017, CN 15/2017, CN 16/2017)

Eugenie v R (CN 09/2017, CN 12/2017, CN 13/2017, CN 14/2017, CN 15/2017, CN 16/2017) [2018] SCSC 8242 (8 August 2018)

Court

Supreme Court

Case number

CN 09/2017, CN 12/2017, CN 13/2017, CN 14/2017, CN 15/2017, CN 16/2017

The total sentence of seven years six months is not harsh or excessive considering the appellant's conviction in six different cases for serious offences, and the magistrate exercised discretion by imposing sentences below the minimum mandatory to achieve an appropriate total sentence.

Source excerpt

• Sentencing
• Housebreaking
• Stealing
• Criminal trespass
• Drug rehabilitation
• Concurrent and consecutive sentences

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R v Albert & Anor (CO 27/2015)

R v Albert & Anor (CO 27/2015) [2018] SCSC 8221 (12 July 2018)

Court

Supreme Court

Case number

CO 27/2015

The aggravating circumstances, including breach of trust and the value of stolen items, outweighed the mitigating factors for the first convict. The second convict's prior convictions and the nature of the offence warranted a custodial sentence.

Source excerpt

• Aiding and abetting
• Housebreaking
• Stealing from dwelling house
• Retaining stolen property
• Sentencing

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Payet v R (CN 30/2017)

Payet v R (CN 30/2017) [2018] SCSC 8170 (21 May 2018)

Court

Supreme Court

Case number

CN 30/2017

The Supreme Court allowed an appeal against sentence and ordered that 371 days spent on remand be deducted from the appellant’s prison term.

• Sentencing
• Remand time deduction
• Appeal procedure
• Criminal-sentencing
• Remand-time
• Appeal-procedure

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R v Albert & Anor (CO 27/2015)

R v Albert & Anor (CO 27/2015) [2018] SCSC 8073 (13 February 2018)

Court

Supreme Court

Case number

CO 27/2015

The court found the fingerprint evidence on the chest of drawers, which was not more than two weeks old, placed the first accused at the scene during the relevant period. The accused's explanation was rejected as the housekeeper had left a month prior. The court held that the accused aided and abetted the housebreaking and theft. The second accused was found guilty of retaining stolen property, as he attempted to sell a necklace identified as stolen, knowing or having reason to believe it was stolen.

Source excerpt

• Housebreaking
• Aiding and abetting
• Stealing from dwelling house
• Retaining stolen property
• Fingerprint evidence
• Circumstantial evidence

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Meriton v R (CN 10/2016)

Meriton v R (CN 10/2016) [2018] SCSC 8042 (21 January 2018)

Court

Supreme Court

Case number

CN 10/2016

Sentence appeal over housebreaking and stealing from a dwelling house. The Supreme Court upheld the convictions but ordered the five-year sentence to run concurrently with an existing three-year term.

• Sentencing
• Housebreaking
• Stealing from dwelling house
• Mitigating factors
• Concurrent sentences
• Criminal-sentencing

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William v R (CN 45/2016)

William v R (CN 45/2016) [2017] SCSC 941 (19 October 2017)

Court

Supreme Court

Case number

CN 45/2016

The Supreme Court of Seychelles reduced a criminal sentence after a guilty plea, the appellant’s age, and reformative sentencing principles were considered.

• Sentencing
• Housebreaking
• Stealing from dwelling house
• Concurrent and consecutive sentences
• Criminal-sentencing
• Theft-from-dwelling-house

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Adonis v R (CN 46/2015)

Adonis v R (CN 46/2015) [2017] SCSC 48 (26 January 2017)

Court

Supreme Court

Case number

CN 46/2015

On appeal against sentence, the Supreme Court of Seychelles held that burglary and stealing sentences arising from the same transaction should run concurrently.

• Sentencing
• Concurrent sentences
• Housebreaking
• Burglary
• Stealing from dwelling house
• Criminal-sentencing

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Rath v R (SCA 26 of 2014)

Rath v R (SCA 26 of 2014) [2016] SCCA 36 (9 December 2016)

Court

Court of Appeal

Case number

SCA 26 of 2014

The Court of Appeal reduced a criminal sentence for housebreaking and stealing, finding the original total term disproportionate in light of the guilty plea and other mitigating factors.

• Sentencing
• Housebreaking
• Theft
• Appeal procedure
• Criminal-appeal
• Proportionality

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