R v De Commarmond (CO 12/2013) [2017] SCSC 890 (02 October 2017);

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side:  CO 12/2013

[2017] SCSC     


THE REPUBLIC

versus

GERALDINE DE COMMARMOND

Accused


Heard:                       

Counsel:                    Mr Subramanian, Assistant Principal State Counsel for the Republic

                                 Mr Juliette for the accused

Delivered:                   2 October 2017


SENTENCE


Dodin J

[1]        I have heard counsel in mitigation.  The Convict is 51 years old.  She is gainfully employed and earns a salary of around SR11,000.  Her children are grown up but she has a 5 months old granddaughter in her custody and she intends to apply for guardianship and custody as her mother is unable to take care of her.  She is a first offender.  She has pleaded guilty and saved the Court’s time and expenses of a trial.  And as counsel stated she is remorseful and wants to move on from that incident.  She did not benefit from the offences in question and they are involved signing of documents.

[2]        I have taken note of all the mitigating factors and in the circumstances I believe that a sentence of imprisonment is not necessary.

[3]        I impose the following sentences:

-     Firstly I impose a sentence of imprisonment of 2 years which I would suspend for a period of 3 years.  You must not commit a similar offence within a period of 3 years otherwise you might go to prison.

-     For Counts 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22 and 24, I impose SR1,000 each that would be SR12,000.

-     Plus Count 26 and 28 I impose a fine of SR1,500 each to make SR3,000.

-     For the total of SR15,000 I give you a period of 6 months to pay.  You can pay by instalments, but you must conclude payment within 6 months otherwise I may have to activate the suspended sentence.

[4]        You can appeal against the sentence within 30 working days.

 

Signed, dated and delivered at Ile du Port on 2 October 2017

 

G Dodin

Judge of the Supreme Court