R v Albert (CO 08/2019) [2020] SCSC 22 (17 January 2020);

Flynote: 
Headnote and Holding: 

Accused entered guilty plea to one count of robbery with violence. Sentenced to 6 years imprisonment.

DODIN J

[1]        The convict Mario Albert is 26 years old.  He has no dependents.  He is living with his mother at Anse aux Pins.  He has pleaded guilty and of course saved the Court’s time and expenses of a trial.  He is not a first offender but the two most relevant convictions both date back to 2015 which for the purposes of this sentence I shall treat them as spent. 

[2]        There are however aggravating factors:

a)   Using an offensive weapon in the form of a can of spray which he sprayed into the face of the victim.

b)   He stole money from the victim.

 

[3]        We have a similar case of Republic vs Fred Emmanuel & another and in that case the victim was wounded with a small knife and the convicts were sentenced to 7 years imprisonment.  See also the case of Republic vs. Jean-Yves Dodin and others CR01/2018.

[4]        I impose a sentence of 6 years imprisonment.  You are entitle to remission and the time you spent on remand shall form part of the sentence.  You can appeal against the sentence within 30 working days.

[5]        Superintendent of Prison to be notified accordingly.

Signed, dated and delivered at Ile du Port on 17 January 2020

 

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Dodin J