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 7th December, 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 21st April, 2004. Between this date and the 7th December, 2006 his remand was extended as follows:

 

21st April, 2006 to 26th April, 2006 = 5 days.

26th April, 2006 to 4th May, 2006 = 9 days.

5th May, 2006 to 18th May, 2006 = 14 days.

18th May, 2006 to 31st May, 2006 = 13 days.

31st May, 2006 to 7th June, 2006 = 7 days.

7th June, 2006 to 21st June, 2006 = 14 days.

21st June, 2006 to 5th July, 2006 = 14 days.

5th July, 2006 to 12th July, 2006 = 7 days.

12th July, 2006 to 13th July, 2006 = 1 day.

13th July, 2006 to 27th July, 2006 = 14 days.

27th July, 2006 to 1st August, 2006 = 5 days.

1st August, 2006 to 9th August, 2006 = 8 days.

9th August, 2006 to 23rd August, 2006 = 14 days.

23rd August, 2006 to 28th August, 2006 = 5 days.

28th August, 2006 to 12th September, 2006 = 15 days.

12th September, 2006 to 26th September, 2006 = 14 days.

26th September, 2006 to 11th October, 2006 = 15 days.

11th October, 2006 to 25th October, 2006 = 14 days.

25th October, 2006 to 8th November, 2006 = 14 days.

8th November, 2006 to 16th November, 2006 = 8 days.

16th November, 2006 to 24th November, 2006 = 8days.

24th November, 2006 to 12th December, 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 9th day of February, 2009.