R v Nourrice (CO 6 of 2017) [2018] SCSC 296 (23 March 2018)


Criminal Side: 06/2017

[2018] SCSC 296







Heard:                         23 March 2018

Counsel:                      Mr. Khalyaan Karunakaran,  for the Republic

                                    Mr. Anthony Juliette Attorney at Law for accused                                        

Delivered:                   23 March 2018


[1]        I have considered the submissions made by learned counsel in respect of mitigation. I have found the accused guilty of the lesser offence of unlawful wounding. I find that he is a pensioner and a first offender. I also note the fact that there were no fractures or serious grievous harm caused as a result of the injury. I also note that the victim left hospital one day after treatment and did not have to undergo any further operations. I also note the fact that there has been trouble of this nature for a period of time between the two which seems to have escalated. 

[2]        Having considered all these facts before Court in mitigation, I am of the view that a suitable deterrent punishment in the form of a suspended sentence should be imposed on the convict, in order to prevent him repeating the same offence. 

[3]        I therefore proceed to sentence him to a term of 6 months imprisonment which I suspend for a period of two (2) years and also a fine of SR.5000/- of which, a sum of SR.3000/- to be paid to the victim as compensation in terms of Section 151 (1) (b) of the Criminal Procedure Code. Default of payment of the fine will result in 6 months imprisonment.  A period of three (3) months is given in order to pay the fine. 

[4]        Right of appeal explained.



Signed, dated and delivered at Ile du Port on 23 March 2018






M Burhan

Judge of the Supreme Court

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