Adeline,J
- The accused, one Patrick Labalenne of Mont Fleuri, Mahe, now a convict, was indicted before this Court in CB 37/11/23 with one count of an Act Intended to Inflict Grievous Harm contrary to Section 219(a) and punishable under Section 219 of the penal Code, Cap 158.
- The particulars offence as narrated in the indictment reads as follows:
“Patrick Labalenne of Mont Fleuri, Mahe on the 6th November 2023, at Mont Fleuri, with intent to do some grievous harm unlawfully inflicted grievous harm to his partner Sharon Gobine by means of hitting her with a piece of wood and furthermore strangling the said Sharon Gobine with a piece of rope”.
- On the 5th April 2024, before this Court, the accused/convict unequivocally pleaded guilty to the charge and after admitted the facts pertaining to the offence as narrated by the prosecution, he was accordingly convicted for one count of an Act Intended to Inflict Grievous Harm contrary to Section 219(a) and punishable under Section 219 of the penal Code, Cap 158.
- In plea in mitigation, learned counsel for the accused/convict, submitted that her client is very remorseful for the offence he has committed, which was because he lost his temper after seeing his partner watching sex scene on her cell phone involving her and another man. It was also submitted by learned counsel, that her client has sought for forgiveness from his partner in recognition that he was wrong to do what he did, and that he did corporate fully with the police in the course of investigation into the offence after he voluntarily gave himself up to the police.
- It was the submission of learned counsel, that the accused/convict, prior to his incarceration, was a hard-working man who did casual jobs and earned around SCR8000 a month from which he maintained his entire family including his two minor children who are still dependent on him.
- It was also the submission of learned counsel, that the accused/convict is a first time offender who has not wasted the Court’s time, and that a non-custodial sentence in the form of a suspended sentence will do justice to the case. Learned counsel cited the case of Republic vs Brandon Alcindor & Ryan Sinon CR8 of 2020 in which case the accused was given a two year suspended sentence and a fine of SCR 50,0000.
- The sentence for the offence of an Act Intended to Inflict Grievous Harm, is prescribed under the Section 219 of the Penal Code, and any person convicted of such offence is liable to a maximum term of life imprisonment.
- In determining the appropriate sentence that will do justice in this case, I have taken into account and give credit to the accused/convict for pleading guilty at the first available opportunity. I have also taken into account the fact that the convict is remorseful for the offence he has committed.
- However, given that the offence carries a maximum prison sentence of life imprisonment, it indicates, that the offence for which the accused/convict has been convicted is very serious, and that any sentence imposed for such offence on a convict must be one to deter the convict or anybody else who may be tempted to commit similar offence from doing so.
- I therefore sentence the accused/convict to serve a term of imprisonment of 18 months as of the date of this sentence.
- The time which the accused/convict has spent on remand in police custody shall be deducted from the 18 months prison sentence in line with Article 18(14) of the Constitution.
- The accused/convict has 30 days as of today to appeal to the Court of Appeal against this sentence.
Signed, dated and delivered at Ile Du Port on the 29 May 2024
___________
B Adeline J