Vankoesveld v R (SCA 5 of 1996) [1996] SCCA 39 (12 March 1996)

IN THE SEYCHELLES COURT OF APPEAL CORNELIA VANKOESVELD APPELLANT V/S THE REPUBLIC RESPONDENT Criminal Appeal No. 5 f 1995 Before Goburdhun, P Silungwe and Ayoola, JJA. 1,7 Mr. B. Georges for the appellant Mrs. A. Antao for the Respondent JUDGMENT OF THE COURT his own plea of guilty, the contrary to regulation (Statutory Upon convicted by sea Regulations with section sentenced to of imprisonment for three months. appellant was the learned Chief Justice of discharging oil at 3(1) of the Maritime Zones Instrument No. 15 of 1981) as read He was fine of SR.50,000 and, in default, to a term 12(1) of the a Maritime Zones Act. The facts a Master of Victoria in February 1995. waste ship of the case are that the appellant is the which was anchored in Port M. V. Fenland While the appellant was pumping water from a bildge tank where waste water and oil get deposited, prohibited he area. unintentionally discharged into a This inadvertent discharge was attributed oil to a failure of an oil separating device. The appellant's appeal is against sentence which his of the learned counsel submits is manifestly excessive and harsh, in view the discharge was allegedly accidental. He contends that the learned Chief Justice fell into error in passing a sentence that did not reflect the actual crime support of his submission, committed and, fact that in cites two 1991 Supreme Court cases namely, The Republic Dated this t 34' day of F,e-blualy, 1996. -3- ridtA.pr, (H. GOBURDHUN) PRESIDENT ..... (A. M. SILUNGWE) ..... JUSTICE OF APPEAL 1,4A-4/ JUSTICE OF APPEAL (E. O. AYOOLA)