R v Dugasse (CR 86 of 2021) [2022] SCSC 1104 (9 December 2022)

DODIN J

1. The convict Selby Dugasse stands convicted on his own guilty plea to one count of manslaughter contrary to Section 192 punishable under Section 195 of the Penal Code. The Particulars of the Offence are that the convict on the 2^nd of August 2021 at St Joseph, Grand Anse, Praslin unlawfully caused the death of one Sylvana Marie Jeanne. The convict is 43 years old and was in a relationship with the deceased at the time.

2. Learned counsel for the convict moved the Court in mitigation to impose a lenient sentence on the convict considering that the convict has pleaded guilty and saved the Court’s time at expenses of a murder trial. The convict has accepted responsibility and shown remorse. He is also first time offender.

3. Probation Services were requested to submit a pre-sentencing report to the Court in which it considered various aspects personal to the convict and to the victim. Much of the report reflects that mitigating factors advanced by the convict’s learned counsel. The Probation Services nevertheless recommend a prison sentence to be imposed.

4. I have considered the mitigating factors and the probation report and I also keep in mind that there is a victim, Sylvana Marie-Jeanne, who has lost her life as a result of the action of the convict. Section 195 of the Penal code provides a maximum sentence of life imprisonment for the offence of manslaughter.

5. Considering the circumstances of this case, and past sentences, I consider that a term of imprisonment of not less than 8 years to be appropriate.

6. I therefore sentence the convict to 8 years imprisonment.

7. Time spent on remand shall form part of the sentence. He can appeal against the sentence within 30 working days.

Signed, dated and delivered at Ile du Port on 9 December 2022

____________

Dodin J