A.Mamode v Republic (SCA 1 of 1991) [1991] SCCA 7 (8 October 1991)

IN THE SEYCHELLES COURT OF APPEAL7 A. MAMODE V. APPELLANT THE REPUBLIC RESPONDENT Criminal Appeal No.1 of 1991 Mrs. M. Twomey for the Respondent Appellant Mamode in person JUDGMENT OF THE COURT The appellant had pleaded guilty to the count of robbery with violence and to the count of attempted rape. He had a long record of previous convictions, a number of which were relevant to the charge of robbery. The Chief Justice sen- tenced the appellant to 8 years for robbery and 2 years for attempted rape. The Chief Justice considered the matter carefully and imposed the sentences he did. He ordered that they run consecutively. Mrs. Twomey stated they were distinct offences, although committed on the same day. However we think that the offences though distinct, were committed in the course of the same transaction. The appel- lant deserved the severe sentence of 8 years imposed on him. We do not think there are any circumstances here which call for the two sentences to run consecutively. We therefore make this variation and order that the sentences should run /2. -2- concurrently. The appellant will therefore serve in effect 8 years in prison, otherwise the appeal is dismissed. /1- A Mustafa President H. Goburdhun Justice of Appeal C. de L. d'Arifat Justice of Appeal ith October, 1991