R v Al Hashim (CO 15/2021) [2022] SCSC 1105 (28 March 2022)

Flynote
Criminal law

SUPREME COURT OF SEYCHELLES



Reportable

[2022] SCSC

CO 15/2021


In the matter between:

THE REPUBLIC Republic

(rep. by Joshua Revera)


and


JAMAL AL HASHIM Accused

(rep. by Kelly Louise)


Neutral Citation: Republic v Al Hashim (CO 15/2021) [2022] SCSC (28 March 2022).

Before: Dodin J

Summary:

Heard: 28 March 2022

Delivered: 28 March 2022


SENTENCE




DODIN J

  1. I have heard counsel in Mitigation, the convict is a young man in his early 30s. He is 33 years old, the father of a 12 year old girl who is in the care of his mother. He has pleaded guilty at the 1st opportunity to the amended charge and therefore saved the Courts’ time and expenses of a trial.

  2. He has shown remorse and the nature of the injury caused was not permanent or life threatening. I note also that it arose out of an altercation between the convict and the victim and there was no premeditation or other aggravating circumstances.

  3. Considering all the mitigating factors for the purpose of this case also he is considered a 1st offender. Having considered all these mitigating factors, the Convict is sentenced to 2 months imprisonment which time he has already served whilst on remand. So he does not need to serve more time for this case. In addition to a fine of SR 10,000 out of which SR 8,000 shall be paid to the victim as compensation.

  4. This fine shall be paid after the convict is released from Prison in the other matter for which he is being detained. He will have 6 months from his release to pay the fine and the Prison Authorities is ordered to inform the Court when the convict is released from Prison.

  5. He can appeal against the Sentence against 30 working days.

Signed, dated and delivered at Ile du Port on 28 March 2022



____________

Dodin J

2


▲ To the top