R v Petrousse (CR 72 of 2020) [2024] SCSC 46 (5 April 2024)

VIDOT J

1. The Accused is charged with the following offences;

Count 1

Statement of Offence

Prohibited Recordings of Private Acts contrary to Section 157A (a) of the Penal Code and punishable under section 157A(c) of the Penal Code

Particulars of Offence

Egbert Collin Petrousse, during his sexual relationship with a person namely Ms. Jessica Delorie of 42 years of Anse-Aux-Pins, Mahe, visually recorded their private acts and stored those recordings in his black mobile phone, make Samsung, model SM-A206G/DS without the consent of the said Jessica Delorie.

Count 2

Statement of Offence

Possession of prohibited visual recording contrary to and punishable under section 157C of the Penal Code.

Particulars of Offence

Egbert Collin Petrousse, on 22^nd September 2020 at the premises of the STC Hypermarket, Mahe, was found in possession of prohibited visual recordings relate to a person namely Ms. Jessica Delorie of 42 years of age of Anse-Aux-Pins, Mahe, which were recorded and stored by him in his black mobile phone, make Samsung, model SM-A206G/DS without the consent of the said Jessica Delorie.

Count 3

Statement of Offence

Threatening violence contrary to and punishable under section 89 (a) of the Penal Code.

Particulars of Offence

Egbert Collin Petrousse, on 22^nd September 2020 at Mahe, with intent to cause alarm, constantly threatened a person, namely Ms. Jessica Delorie of 42 years of Anse-Aux-Pins, Mahe with assault, and informing her that he will circulate the private photos of her in public by the WhatsApp social network.

2. The Accused was found guilty of the first two counts and acquitted of the third count.
3. Since the Accused is a first time offender the defence called a Probation Pre-Sentence Report (“the Report”). The Report together with submission in mitigation by Counsel shall be fully considered when considering the appropriate sentence to be imposed.
4. The Accused is a father of two minor children and currently in a relationship, but the partner is not the mother of his children. The partner states that the Accused takes care of his children. The Accused states that he is hardworking and has always been in employment. Presently, he is self-employed. The complainant in that case has, through the Report stated that she has forgiven the Accused as he has apologised to her. However, she notes that the situation traumatised her whereby she had sleepless nights and that the Accused was not acknowledging the impact that his unlawful act was having on her at the time. She states that the incident has morally impacted her. Nonetheless, she states that she and the Accused are communicating now and states that she would not wish to see the Accused incarcerated.
5. The incident shows that the Accused did not respect the complainant, a person he was having a sexual relationship with. To place a woman in such a situation as the Accused did to the complainant should not be tolerated.
6. The sentence I shall impose should show the aversion that society has to such behaviour. However, the complainant states that she is now talking to the Accused and has forgiven him.
7. In passing sentence I consider the principle of totality and proportionality of sentence I also take into consideration the case of Morin v R SCA11/2002 [2003] (11 April 2002) wherein the court held that in the absence of aggravating factor, court should be slow to sentence a 1^st time offender to a term of imprisonment.
8. Therefore, I sentenced the Accused as follows;

Count 1 to a term of 2 years imprisonment and a fine of SR50,000.00 and in default the accused shall undergo a term of one year and six months imprisonment;

Count 2 to a term of 2 years imprisonment and a fine of SR50,000.00 and in default to a term of one year and six months imprisonment

The terms of imprisonment shall be suspended for 2 years.

Out of the total fine, a sum of SR50,000.00 shall be paid to the complainant as compensation.

The accused shall be granted one year within which to pay the fine.

9. If unsatisfied with this sentence and the judgment, the Accused has 30 working days from today to file an appeal to the Court of Appeal.

Signed, dated and delivered at Ile du Port on 05^th April 2024

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M Vidot J