Republic v Charles (43 of 2008) [2008] SCSC 95 (30 July 2008)

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HR|Liberty

IN THE SUPREME COURT OF SEYCHELLES


THE REPUBLIC

VS.

SAMUEL CHARLES (Accused)


Criminal Side No. 43 of 2008



Mr. Durup for Republic

Mr. Derjacques for the Accused


ORDER

Gaswaga, J


This is an application for extension of remand by the prosecution which the defence hereby opposes. It is submitted that the accused should not further be remanded in custody given that the amount of money involved in the case is minimal to warrant such further detention.


This court views the offence of robbery as a very serious matter. I cannot agree with the argument of the defence counsel that the amount of money ($200, Rs.1, 200 and a mobile phone make Nokia 1600 valued at $60 and a Sri Lankan National Identity card) is minimal and therefore diminishes the seriousness of the charge. The Court also disagrees with Mr. Derjacques that because a dagger was used during the commission of the offence, although nobody was injured, the matter should be treated lightly. The acts of the accused considered together point to the seriousness of the offence as described in the case of Rep vs. Gerard Kate Cr. No. 50 of 2004. The value of the subject matter is high. While this kind of offences are rampant in our society and have caused a public outcry.


In this regard I maintain that the accused be kept on remand for another fourteen days with effect from today.






D. GASWAGA

JUDGE

Dated this 31st day of July, 2008.



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