R v Thelermont (CO 22/2013) [2016] SCSC 322 (13 May 2016);


Criminal Side:  22/2013

[2016] SCSC 322









Counsel:                      Mrs Lansinglu, Assistant Principal State Counsel for the Republic

                                   Mrs Amesbury for the accused                                      

Delivered:                   13 May 2016





Dodin J


  1. I have heard learned counsel in mitigation and read the Probation Report dated 31st of March 2016. The Convict expressed regret and remorse for his action and states that he is now on normal terms with the victim which is not the case in the report. He has asked for forgiveness and he has been out of bail and had not breached any other bail condition nor committed any other offence that we know of. He is a first offender, 43 years old. He has 3 children, one is still a minor of 14 years old.
  2. Learned Counsel moved the Court for leniency and for the Court to apply its powers of clemency. Having considered all the above I still find that the offence perpetrated by the convict on the victim is of a very serious nature and was very close to costing the victim his life. Everything considered a sentence of imprisonment needs to be imposed on the convict.
  3. I impose a sentence of 4 years imprisonment on the convict. Anytime he has spent on remand shall form part of the sentence.
  4. He can appeal against both conviction and sentence within 30 working days.




Signed, dated and delivered at Ile du Port on 13 May 2016


G Dodin

Judge of the Supreme Court