Felix Lawen v Republic (SCA 12 of 1999) [2000] SCCA 23 (6 April 2000)

IN THE SEYCHELLES COURT OF APPEAL FELIX LAWEN versus THE REPUBLIC APPELLANT •?/8110- RESPONDENT [Before: Pillay, De Silva, & Matadeen, JJ. A] Criminal Appeal No: 12 of 1999 Mr. A. Juliette for the Appellant Miss. C. Hoareau for the Respondent JUDGMENT OF THE, COURT (Delivered by Pillay, J.) The appellant who had been allowed by the trial Court to plead guilty to a charge of manslaughter in spite of the objections raised by the prosecution was sentenced to a term of 20 years' imprisonment. The appellant is now appealing against his sentence on the ground that the sentence passed against him is manifestly harsh and excessive in all the circumstances of the case. In support of his client's ground, learned Counsel referred to several judgments of the Supreme Court where an accused party guilty of manslaughter had been sentenced to imprisonment for a term ranging from 1 to 10 years, depending on the particular circumstances of the case. Although the trial Court was right to have taken into account the fact that the appellant inflicted on his victim five mortal blows with a long dagger and that there is a prevalence of violence in the country, it did not give sufficient weight, in our opinion, to the mitigating factors pleading in favour of the appellant, namely, that he was a first offender who had shown remorse for his act and was suffering from mental impairment. Consequently, we allow the appeal and for the sentence passed on the appellant, we substitute one of 10 years' imprisonment. A. ILLAY G. P. S. DE SILVA K. P. MATADEEN JUSTICE OF APPEAL JUSTICE OF APPEAL JUSTICE OF APPEAL 7-Th Delivered at Victoria, Mahe this Lir day of April 2000.