R v Thelemaque (Sentence) (CO 30/2015) [2017] SCSC 146 (15 February 2017)


Criminal Side: 30/2015

[2017] SCSC 146





Counsel: Mr Asba, for the Republic

Mr Ferley for the

Delivered: 16 February 2017

  1. I have heard counsel in mitigation. The Convict is 49 years old. He is the father of one child who is now 12 years old. The mother of the child is also the victim in this case.

  2. He is a first time offender. He is gainfully employed and at the time the offence was committed he was living with the victim in this case. He has pleaded guilty, shown remorse and of course has saved the Court’s time and expenses of a trial and also saved the victim from coming and to Court to have to testify again of the circumstances.

  3. However the offence is also serious and that had caused certain injuries to the victim. I have heard counsel moved for leniency and a non custodial sentence. I take note that in view that you are in employment and you are more able to contribute to the reparation of the victim and help your child if you continue in employment.

  4. So in the circumstances taking note of all the mitigating factors I will impose the following sentences on you.

  5. I impose a sentence of 1 year imprisonment which I shall suspend for 3 years. That means you won’t go to prison but you must not commit any similar offence within the next 3 years. If you commit an offence within the next 3 years then you will go to prison to serve the 1 year.

  6. In view that the victim suffered certain injuries I impose a fine of SR55,000 out of which SR50,000 shall go the victim as compensation and SR5000 shall go to the Republic. You can pay by instalments but you must pay at least SR2000 for the first 5 months out of reach SR1000 shall go towards the fine to the Republic and SR1000 to the victim. And after that you will continue to pay SR1500 every month until you complete payment.

  7. Any default then the Court will call the case and may decide to impose additional prison sentences on you.

  8. You can appeal against the sentence within 30 working days if you don’t agree with it.

Signed, dated and delivered at Ile du Port on 16 February 2017

Judge of the Supreme Court


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