BURHAN J
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The convict RB was found guilty and convicted in respect of the following offence:
Count 1
Sexual assault contrary to section 130 (1) read with section 130 (2) (d) of the Penal Code and punishable under Section 130 (1) as read with Section 130 (4) (a) & (b) of the same (Act 5 of 2012)
Particulars of offence are that, RB resident of ………., on a date 02nd July 2021 at ………., sexually assaulted one namely SS, aged 15 years old at the time of incident, by penetrating the body orifice namely vagina of the said SS with his finger for a sexual purpose without her consent.
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Prior to sentencing the convict, a probation report was called. The probation report affirms the fact that the convict is 23 years of age and has completed his primary and secondary education and worked as a handyman and at the time of his arrest was a self- employed driver. He has informed the probation that the complainant’s mother and his grandmother were close friends and she and her mother would stay over at her place. It is apparent that he too lived with his grandmother. He denies having a close relationship with the complainant and denies ever harming her and states he was shocked that he was brought to Court.
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He has complained to the probation that the charges have negatively affected his personal life and he being remanded is like a sentence. He moves that he be spared incarceration. The foster mother of the convict moves that he be given a second chance to rebuild his life.
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The complainant has stated to the Probation Officer that she is devastated by this traumatic event. She has further informed the Officer that it is difficult for her to move on and the incident is still influencing her life. She moves that Court will deal with the convict to prevent him committing similar crimes in the future.
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The probation report recommends that serious action be taken considering the effect the incident has had on the complainant. It has recommended that a custodial term of imprisonment be imposed on the convict.
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I have also considered the plea in mitigation made by learned Counsel Mr Bonte who moved that in the event of Court imposing a prison sentence that it be suspend for a period of two years. He submitted the convict has three children and works as a taxi driver. It is to be observed that the probation does not refer to the fact he has three children it specifically states he lives alone with his girl-friend. As the convict earns about SCR 9000/- a month, Mr Bonte moved that Court consider compensation rather than send a first offender to prison. Mr Bonte further submitted that the Court should consider giving the convict a chance to rehabilitate himself and impose a suspended sentence and, in the event he continues to offend the sentence could be activated.
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When one considers the fact of this case, it is clear that the incident of sexual assault has greatly affected the victim both physically and psychologically and still affects her. Although the sexual assault and penetration was not by means of the sexual organ of the convict, the suddenness and callousness of the assault and the innocence of the victim is apparent when one considers the evidence led at the trial. The fact that this assault occurred in the evening hours, on a side road when the complainant was returning home after going to a shop, further aggravates the offence. Such incidents have far reaching consequences and make the public feel unsafe and insecure on the streets of Seychelles. Further, even though the families were on friendly terms and knew each other and the convict knew the victim personally, he has chosen to assault her in this callous manner. He himself denies to the probation that he had any relationship with her and I also observe that the convict has not expressed any remorse.
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The probation recommends that serious action be taken and recommends a custodial term.
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I am of the view too that considering all the aforementioned factors, the seriousness of the offence and its consequences and the physical and psychological effect the assault has had on the victim, a custodial term must be imposed as a deterrent. I proceed to sentence the convict to a term of six years’ imprisonment.
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Time spent in remand to count towards sentence.
Signed, dated and delivered at Ile du Port on 21 March 2025
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M Burhan J
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