BURHANJ
[1] The accused Tracy Aglae stands charged as follows;
Count 1
Robbery with violence, contrary to section 280 and punishable under section 281 of the
Penal Code Cap 158
Particulars of offence are that, Tracy Aglae of Union Vale, Mahe on the 13th April, 2021
at Castor Road, English River, Mahe, robbed one Fenosoa, Emma Istrale and stole her
handbag -and purse containing SCR 1200/- cash, and at or immediately before- or
immediately after the commission of such robbery did use actual violence against the said
Fenosoa, Emma Istrale
Count 2 in the alternative to Count 1
Stealing contrary to and punishable under section 260 of the Penal Code (Cap 158)
Particulars of offence are that, Tracy Aglae of Union Vale, Mahe on the 13th April, 2021
at Castor Road English River, Mahe, stole, the handbag and purse contoaning SRI200/
cash of, one Fenosoa Emma Istrale.
[2] The accused pleaded guilty to the alternative Count 2 on the 4th of August 2022 and was
convicted on her own plea of guilt.
[3] Section 260 of the Penal Code provides that on conviction in a charge of stealing a person
is liable to a sentence of seven years imprisonment.
[4] At the request of her learned Counsel Ms. Karen Domingue, a probation report was called
prior to sentencing. Thereafter learned Counsel made a plea in mitigation on behalf of the
accused.
[5] I will proceed to consider first the facts set out in the probation report. The accused is 40
years of age and has four children aged 21, 18, 15 and 13 years old. The probation report indicates that at one time all four children were removed from her care and placed with
family members and social services. At present both sons are currently in the care of social
services and are living at the Presidents Village. The accused has attended school up to
secondary four. She has been first employed at Island Development Company as a
chambermaid on Desroches Island for a period of six months. She has thereafter at times
been unemployed and when employed worked as a home carer and a child minder for short
periods of time. The accused also worked with the Community Development Department
on the district beautification program as a landscaper. The probation report indicates she
was unable to maintain a stable job due to her addiction to heroin. It appears from the
probation report that she has had a difficult child hood. She had been asked to leave the
house after she had her first child and but had returned later on. However after her second
child,she was "kicked out again" from the house. The report mention that the accused had
got addicted to heroin as her partner had introduced her to it.
[6] The report further refers to the fact that the accused had been smoking Cannabis from the
age of 18 and in 2003 moved first on to heroin smoking and in 2008 began injecting herself
with it. The accused has undergone Methadone treatment but stopped and had once again
relapsed into taking heroin. Since being remanded she has been taking her Methadone
treatment and even according to her learned Counsel is now an improved person.
[7] The probation report further states that the accused is not on drugs as she is presently in
remand in a controlled environment and though she has been given several opportunities
by way of alternative sentences to imprisonment, she has been unable to rebuild her life
positively. The probation recommends a suspended sentence be given.
[8] Learned Counsel mitigated on behalf of the accused and did not dispute the facts set out in
the probation report but relied on the facts set out' therein. Learned Counsel further
submitted that in addition to the controlled environment she is in now, the remand, she is
in need of counselling from doctors and other professionals in the field. She also submitted
that the father of the accused is suffering from prostate cancer and moved for the court to
exercise leniency in sentencing.
[9] I have given due consideration to the plea in mitigation and the facts set out in the probation
report.
[10] It is clear to this Court that the accused is a drug addict and at present her addiction has
decreased due to the controlled environment she is in at present and due to her being given
her Methadone treatment on a regular basis. Further it appears that though the amount
stolen from the complainant is only 1200 rupees, the manner it was done has caused great
trauma to the victim as borne out in the probation report. It is also clear from the report that
though the accused has been given several opportunities to reform herself by alternative
sentences to imprisonment, she has failed to do so due to her addiction to controlled drugs.
[11] In these circumstances, as it appears the controlled environment she is in is effective, I am
inclined to impose on her a custodial term of imprisonment which would be of sufficient
duration for her to obtain the necessary treatment and counselling in the hope of her
rehabilitating herself prior to her release from prison:
[12] Giving due consideration to the principles of sentencing i.e. retribution, deterrence,
prevention and rehabilitation in deciding on the appropriate sentence to be imposed, I
proceed to sentence the accused Tracy Aglae to a term of 12 months imprisonment on
Count 2 . I also impose. a fine of SCR 2500/ (two five thousand). In default of payment of
fine, a term of three months imprisonment to run consecutive to the term of 12 months
imprisonment. A sum of SCR 2000 to be paid from the fine to the victim Fenosoa Emma
Istrale as compensation for the loss and trauma caused to her. As the accused has not been
remanded in this case, the necessity to order that the time spent in remand be reduced from
the term of imprisonment does not arise.
[13] I make further order that whilst serving her term of imprisonment, the accused is to be
provided by the prison authorities the necessary treatment and professional counselling in
order to overcome her addiction. A copy of this sentence order to be sent to the
Superintendent of Prisons.
[14] Right of Appeal against sentence imposed explained.
Signed, dated and delivered at Ile du Port on 22 September 2022.