Republic v Emmanuel (224 OF 2006) [2009] SCSC 106 (08 February 2009);

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IN THE SUPREME COURT OF SEYCHELLES

 

IN THE MATTER OF CRIMINAL APPEAL NO.16 OF 2006

(FROM ORIGINAL CONVICTION IN MAGISTRATE’S COURT A CRIMINAL CASE NO.224 OF 2006)

 

FRED EMMANUEL …...........................................................................Appellant

 

VS.

 

THE REPUBLIC …..............................................................................Respondent

 

 

Mr. Hoareau for the Appellant

Mrs. Robinson for the Respondent

 

ORDER

 

Gaswaga, J

 

Mr. B. Hoareau appearing for Mr. Fred Emmanuel who was convicted and sentenced to five years in prison on the 7thDecember, 2006 by the Magistrate’s Court A for the offence of robbery with violence has moved the court to include the period the said convict had spent on remand in that sentence. Indeed upon perusing the relevant record I found that the convict was first arrested, presented in court and remanded on the 21stApril, 2004. Between this date and the 7thDecember, 2006 his remand was extended as follows:

 

21stApril, 2006 to 26thApril, 2006 = 5 days.

26thApril, 2006 to 4thMay, 2006 = 9 days.

5thMay, 2006 to 18thMay, 2006 = 14 days.

18thMay, 2006 to 31stMay, 2006 = 13 days.

31stMay, 2006 to 7thJune, 2006 = 7 days.

7thJune, 2006 to 21stJune, 2006 = 14 days.

21stJune, 2006 to 5thJuly, 2006 = 14 days.

5thJuly, 2006 to 12thJuly, 2006 = 7 days.

12thJuly, 2006 to 13thJuly, 2006 = 1 day.

13thJuly, 2006 to 27thJuly, 2006 = 14 days.

27thJuly, 2006 to 1stAugust, 2006 = 5 days.

1stAugust, 2006 to 9thAugust, 2006 = 8 days.

9thAugust, 2006 to 23rdAugust, 2006 = 14 days.

23rdAugust, 2006 to 28thAugust, 2006 = 5 days.

28thAugust, 2006 to 12thSeptember, 2006 = 15 days.

12thSeptember, 2006 to 26thSeptember, 2006 = 14 days.

26thSeptember, 2006 to 11thOctober, 2006 = 15 days.

11thOctober, 2006 to 25thOctober, 2006 = 14 days.

25thOctober, 2006 to 8thNovember, 2006 = 14 days.

8thNovember, 2006 to 16thNovember, 2006 = 8 days.

16thNovember, 2006 to 24thNovember, 2006 = 8days.

24thNovember, 2006 to 12thDecember, 2006 = 13 days.

TOTAL 231 days

 

It is clear from the judgment of the lower court that the period of 231 days spent on remand by the accused was not considered during sentencing. Article 18(14) of the Constitution states thus:

 

18(14). Where a person is convicted of any offence, any period which the person has spent in custody in respect of the offence shall be taken into account by the court in imposing any sentence of imprisonment for the offence.”

 

Accordingly, it is here by ordered pursuant to Article 18(14) that the said 231 days be counted as forming part of the 5 year sentence.

 

Copy of this order is to be served on the Superintendent of Prison.

 

I so order.

 

 

 

D. GASWAGA

JUDGE

Dated this 9thday of February, 2009.