IN THE SUPREME COURT OF SEYCHELLES
Criminal Side: 06/2017
[2018] SCSC 296
THE REPUBLIC
versus
JANNY NOURRICE
Heard: 23 March 2018
Counsel: Mr. Khalyaan Karunakaran, for the Republic
Mr. Anthony Juliette Attorney at Law for accused
Delivered: 23 March 2018
[1] I have considered the submissions made by learned counsel in respect of mitigation. I have found the accused guilty of the lesser offence of unlawful wounding. I find that he is a pensioner and a first offender. I also note the fact that there were no fractures or serious grievous harm caused as a result of the injury. I also note that the victim left hospital one day after treatment and did not have to undergo any further operations. I also note the fact that there has been trouble of this nature for a period of time between the two which seems to have escalated.
[2] Having considered all these facts before Court in mitigation, I am of the view that a suitable deterrent punishment in the form of a suspended sentence should be imposed on the convict, in order to prevent him repeating the same offence.
[3] I therefore proceed to sentence him to a term of 6 months imprisonment which I suspend for a period of two (2) years and also a fine of SR.5000/- of which, a sum of SR.3000/- to be paid to the victim as compensation in terms of Section 151 (1) (b) of the Criminal Procedure Code. Default of payment of the fine will result in 6 months imprisonment. A period of three (3) months is given in order to pay the fine.
[4] Right of appeal explained.
Signed, dated and delivered at Ile du Port on 23 March 2018
M Burhan
Judge of the Supreme Court