R v Khudabin (CO 59/2020) [2022] SCSC 1095 (21 March 2022)


SUPREME COURT OF SEYCHELLES



Reportable

[2022] SCSC …

CO 59/2020


In the matter between:

THE REPUBLIC

(rep. by Mr. Joshua Revera)


and


ABDUL KAREEM MUHAMMED KHUDABIN Accused

(rep. by Mr. Joel Camille)


Neutral Citation: The Republic v Khudabin (CO 59/2020) [2022] SCSC

21 March 2022

Before: Dodin J

Heard: 21 March 2022

Delivered: 21 March 2022


SENTENCE




DODIN J

  1. The Convict Abdul Kareem Muhammed Khudabin is 28 years old. He is a Stevedore and has one dependent child of 3 years old.

  2. He has pleaded guilty and saved the Court’s time and expenses of a trial, and shown remorse for the offence committed.

  3. Counsel has given a brief summary of how the incident occurred, when there was a disagreement between the parties. But still the offence has been committed through a moment of loss of control and moved the Court for leniency.

  4. I also have indication that the injury caused was not life-threatening and the full recovery has been made and the convict is a first-offender.

  5. I see no other aggravating circumstances.

  6. I will therefore impose the following sentences on;

Count 1

  • 6 months imprisonment suspended for 2 years with condition that he does not commit any similar or same offence within a period of 2 years.

  • In addition to that, a fine of Rs 10,000 out of which a sum of Rs 8,000 shall be paid to the complainant/ the victim as compensation.

Count 2

  • A fine of Rs 3,000.

  • The convict is given 6 months to pay both fines and failing which, a default sentence of 6 months will be given.

  • He can appeal against the sentence within 30 working days. He can pay in instalments.



Signed, dated and delivered at Ile du Port on 21 March 2022





____________

Dodin J

Judge of the Supreme Court

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