SENTENCE

Dodin J

[1]  The Convict Francis Azemia has pleaded guilty to one count of manslaughter. The brief facts of the case as admitted by the Convict are that on the 2151 October  2011 at Laurier Street, Victoria, Mahe, the Convict was observed on video footage  in the early hours of the morning following one Jeannette Nourrice, According to the statements of witnesses, the Convict was also observed assaulting a person believed to be the victim by means of foot kicks and then he was observed returning alone from the direction  of the scene of the crime.

[2]  The  Convict was later identified and arrested at Plaisance where he was seen shirtless and with dark spots on him  which were suspected to be blood and with scratches over his body.

[3]  At the initial trial, the Convict was found guilty of the offence of murder, convicted and sentenced  to life imprisonment.

[4]  On  appeal, the Court of Appeal quashed the conviction and sentence on account of there being  too many lapses in investigation and conduct of the trial and evidence but remitted the case for the  determination of the  Attorney General as to whether to go for a retrial or not.

[5]  Since then circumstances have made it more difficult for the case to be properly retried.

The Convict, however, cognisant and remorseful of his involvement in the death of Jeannette Nourrice opted to plead guilty to the alternative count of manslaughter and has been convicted accordingly.

[6]  Learned Counsel for the Convict in mitigation, moved the Court to Impose a lenient sentence on the Convict for the following reasons:

(I)  By pleading guilty he has not only saved the Court and family of the victim from another lengthy trial but has also accepted responsibility and wants to move on and bring closure to this matter.

(2)  The Convict  is 25 years old with a dependent child and has already spent over 4 years in prison for this matter.

[7]   I have carefully considered the aggravating and mitigating factors of this case. Having done  so, and noting the prevalent sentences in cases of manslaughter which have been imposed by the Court, I hereby sentence the Convict to a term of 6 years imprisonment.

[8]  Any time spent on remand or on previous sentence which was quashed shall count towards this sentence.

[9]  The Convict may appeal against the sentence within 30 working days.

Signed, dated and delivered at lle du Port on 5 February  2016

G Dodin

Judge of the Supreme Court