R v Radegonde (CO 09/2018) [2018] SCSC 896 (27 September 2018);

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side: CO 09/2018

 

       [2018] SCSC 896

 

THE REPUBLIC

versus

YANNICK RADEGONDE
Accused

 

Heard:                              

Counsel:                      Mr Ananth, State Counsel for the Republic

                                    Mrs Amesbury for the accused

Delivered:                   27 September 2018

 

SENTENCE

Dodin J

 

[1]      I have heard counsel in mitigation. The Convict is 26 years old, no dependents. He has been on remand for this offence and he is not a first offender.

[2]     He was on bail when the offence was committed or rather he committed another offence whilst he was on bail for this one and bail was revoked. He has pleaded guilty and of course saved the Court’s time and expenses of a trial.

[3]     As counsel has stated he had shown remorse and wants to rebuild his life. I have noted that he has one previous conviction for a similar offence. However I also note that there are some aggravating factors which are very relevant to this case for example the use of a knife. The victim suffered injuries and money was stolen from the victim. And the fact that he is not a first offender. So in the circumstances a fine is not appropriate. A sentence of imprisonment would therefore be imposed.

  1. For Count 2 which carries a maximum sentence of 10 years I impose a sentence of 3 years imprisonment.
  2. For Count 4 which also carries a maximum sentence of 10 years I impose a sentence of 3 years imprisonment.

[4]    The two sentences will run concurrently with each other. The time spent on remand shall be treated as part of both sentences and he is entitled to remission.

[5]    He can appeal against the sentence within 30 working days.

 

Signed, dated and delivered at Ile du Port on 27 September 2018

G. Dodin

Judge of the Supreme Court