R v Marie (CO 30 of 2020) [2022] SCSC 189 (3 March 2022)

Case summary
Sentence - assault with intent to steal

SUPREME COURT OF SEYCHELLES



Reportable

[2022] SCSC …

CO 30/2020


In the matter between:

THE REPUBLIC

(rep. by Mr. Joshua Revera)


and


LESTER MARIE Accused

(rep. by Mr. Elvis Chetty)


Neutral Citation: The Republic v Marie (CO 30/2020) [2022] SCSC

03 March 2022

Before: Dodin J

Heard: 03 March 2022

Delivered: 03 March 2022


SENTENCE




DODIN J

  1. The convict stands convicted of 1 count of one count of assault with intent to steal contrary to section 283 as read with section 22(a) of the Penal Code and punishable under section 283 of the penal Code.

  2. The brief facts of the case are that on the 11th December, 2017, the convict in the company of one Ian Sirame, in the vicinity of Independence House, Independence Avenue, behind the Seychelles Post Office, with common intention with the said Ian Sirame, assaulted David Randriarimalala by way of fist blows to the face and holding a knife under his throat with the intention of stealing from the said David Randriarimalala.

  3. I have heard learned counsel for the convict in mitigation. The convict is 31 years old. He is employed as a security officer and he is the main breadwinner for his household. He has not wasted the Court’s time by pleading guilty and showing remorse. He is a first time offender. Learned counsel moved the Court for leniency.

  4. Having considered the charge against the convict which carries a maximum sentence of 10 years imprisonment and also having carefully considered all the mitigation factors advanced, I impose the following sentence on the convict:

  • 6 months imprisonment which is suspended for 1 year with condition that he does not commit a similar offence during the period of 1 year.

  1. He can appeal within 30 working days.





Signed, dated and delivered at Ile du Port on 03 March 2022







____________

C G Dodin

Judge of the Supreme Court

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