VIDOT J
[ I] The Accused was charged with the following offences;
Count 1
Statement of Offence
Assaults causing actual harm contrary to and punishable under section 236 of the Penal
Code
Particulars of Offence
Shohel Miah, 30 years old Bangladeshi national, a farm worker at Sylvestre Naiken
Agricultural Farm of Grand Anse, Mahe, on 20th March 2021, at Sylvestre Naiken
Agricultural Farm, assaulted a co-worker namely Mohammad Faruk of Bangladeshi
national, occasioning actual bodily harm to him.
Count 2
Statement of Offence
Acts intended to cause grievous harm contrary to and punishable under section 219(a) of
the Penal Code
Particulars of Offence
Shohel Miah, 30 years old Bangladeshi national, a farm worker at Sylvestre Naiken
Agricultural Farm of Grand Anse, Mahe, on 20th March 2021, at Sylvestre Naiken
Agricultural Farm, unlawfully did grievous harm to a co-worker, namely Mohammad
Sharif Udd in, a Bangladeshi national, by use of a piece of brick.
Count 3
Statement of Offence
Acts intended to cause grievous harm contrary to and punishable under section 219(a) of
the Penal Code
Particulars of Offence
Shohel Miah, 30 years old, Bangladeshi national, a farm worker at Sylvestre Naiken
Agricultural Farm of Grand Anse, Mahe, on 20th March 2021, at Sylvestre Naiken
Agricultural Farm, unlawfully did grievous harm to a co-worker, namely Mr. Shahin, a
Bangladeshi national, by use of a knife.
[2] He was found guilty and convicted of counts I and 3 only and acquitted of count 2.
[3] Before meting out sentence, Counsel for the Accused, asked for a Probation (Pre
Sentence) Report (hereafter "the Report"). Since the Accused is a first time offender, the
request was acceded to. A copy of the Report was served on Counsel before he made his
submission in mitigation.
[4] The Court has studied the Report which investigated the personal circumstances of the
Accused and circumstances surrounding the incident and shall give it due consideration
before passing sentence. The Accused is a very young man and a foreigner in Seychelles,
who had secured a job here in hope of helping his family as he is the sole breadwinner.
His father is advanced in age, his mother is unemployed and he has five siblings.
[5] I further note that as per the report the Accused acknowledged that he regrets the incident
but felt he was being attacked by the other co-workers. I note that he personally reported
and gave himself up to the Police.
[6] ] give particular consideration that the victims of the offences were equally involved in
the fracas where they were assaulted and harmed. I believe that at some point they
ganged up with other co-workers to try and assault the Accused, thus the reason why he
sustained some rqinor injuries. As regards the third count, I find that the victim went to
the kitchen to argue with the Accused and in some way instigated the fight, though the
Accused is the one who used physical force first. However, 1 bear in mind that the
offence of Acts intended to cause grievous harm contrary to and punishable under section
2.19(a)of the Penal Code is serious considering that a cleaver was used.
[7] I also take into consideration Counsel's submission that the Accused is remorseful but
states that he was acting in self -defence. However, if that was the case, by using
weapons, the force applied was therefore out of proportion with the circumstances of
case.
[8] Counsel also referred to various decided cases which the Court has considered in meting
out sentence. The cases include R v Neddy Labiche C015 2016 [2021J SCSC 642,
Jefferson v Republic CN2/2020 [2021JSCSC 592 and Mario Nassim & Anor v
Republic SCA 19/2019 (delivered on 21 August 2020)
[9] Having considered all matters raised in mitigation by Counsel and the Report, I proceed
to sentence the Accused as follows;
Count I; I sentence the Accused to a term of one and a half years imprisonment;
Count 3; I sentenc-e the Accused to two years imprisonment.
Both sentences are to run concurrently and time spent on remand shall be discounted
against the sentence.
[10] If unsatisfied with the sentence, the Accused may appeal against the same within 30
working days from today.
Signed, dated and delivered at lie du Port on 22nd September 2022
M Vidot