IN THE SUPREME COURT OF SEYCHELLES
Criminal Side: 33/2013
[2015] SCSC 052
THE REPUBLIC
versus
DIRK EDGAR COPFERT
Heard:
Counsel: Mrs. Lansinglu, for the Republic
Mr. Juliette for the
Delivered: 2 March 2015
The Convict was convicted on his own guilty pleas to:
Count 1
Uttering false documents knowingly and fraudulently contrary to Section 339 of the Penal Code.
Count 2
Stealing contrary to Section 260 of the Penal Code and punishable under Section 264 of the Penal Code.
Count 4
Possession of false documents contrary to Section 345 read with Section 23 of the Penal Code and punishable under Section 345 of the Penal Code.
Count 5
Possession of false documents contrary to Section 345 read with Section 23 of the Penal Code and punishable under Section 345 of the Penal Code.
Count 6
Possession of false documents contrary to Section 345 read with Section 23 of the Penal Code and punishable under Section 345 of the Penal Code.
Count 7
Possession of false documents contrary to Section 345 read with Section 23 of the Penal Code and punishable under Section 345 of the Penal Code.
Count 8
Possession of false documents contrary to Section 345 read with Section 23 of the Penal Code and punishable under Section 345 of the Penal Code.
Count 9
Possession of false documents contrary to Section 345 read with Section 23 of the Penal Code and punishable under Section 345 of the Penal Code.
The facts reveal that the Convict is a first offender and he is 42 years old. He has pleaded guilty and saved the Court’s time and expenses.
I also note that with regards to Count 1 and 2 the money in question has been recovered and therefore there is no loss as stated by counsel for the Convict.
Learned Counsel also maintained that the Convict is remorseful and moved the court for leniency. I have considered the mitigating factors put forth in favour of the Convict. Having so considered, I impose the following sentence regarding each count:-
For the 1st Count which I note as I stated before that there has been no loss caused as a result to the Complainant I impose a sentence of 3 years imprisonment.
For the 2nd Count which is a count of stealing of which is the same subject matter of Count 1, I impose a sentence of 2 years imprisonment to run concurrently
For Counts 4, 5, 6, 7, 8 and 9 which were documents found at the Convict’s place and which carry only a maximum sentence of 7 years each, I impose a sentence of 1 year imprisonment each. All sentences to run concurrently; that means the Convict will serve a maximum of 3 years.
Any time spent on remand shall be deducted from the sentence. I also order that after serving his sentence he is removed from the jurisdiction and that the money recovered which belongs to Cash Plus be returned to the Complainant.
He can appeal against the sentence within 30 working days.
Signed, dated and delivered at Ile du Port on 2 March 2015
Judge of the Supreme Court
3