R v Josias & Anor. (CO 35/2016) [2017] SCSC 989 (23 October 2017);

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side:  CO 35/2016

[2017] SCSC 989


THE REPUBLIC

versus

RICO JOSIAS

DARIO SANGUIGNON

Accused


Heard:                        

Counsel:                       Ms Faure,  for the Republic

                                    Mr Camille for 1st Accused

                                    Mr Juliette for the 2nd Accused

Delivered:                      23 October 2017


SENTENCE


Dodin J

[1]        Both the Convicts Rico Josias and Dario Sanguinon, the 1st Convict is 21 years old, have no dependent and the 2nd Convict Dario Sanguinon 23 years old has a dependent a 6 year old child. They are both fishermen and both in gainful employment.

[2]        They have pleaded guilty and have saved the Court’s time and expenses of a trial. And so they should benefit from that. Both as Counsel have submitted shown remorse. The injuries juries caused were minimal and none residual. And both have moved the Court for leniency and possibly not a custodial sentence.

[3]        I have heard that, and I would impose a following sentences on both Convicts:

(i)         I would impose a sentence of 1 year imprisonment. I would suspend that sentence for 3 years on each Convicts with condition that they do not commit offence for the next period of 3 years. Because if they do then there a possibility that the 1 year suspended sentence would be activated.

(ii)        I also impose a fine of Rs5000/- on each Convict. I give them time to pay they can pay within 6 months of today. They can pay by instalments but they must complete payment within 6 months, in default 1 year imprisonment.

[4]        They can appeal against the sentence within 30 days of today.

 

Signed, dated and delivered at Ile du Port on 23 October 2017

 

G Dodin

Judge of the Supreme Court