R v Battin (CR 54 of 2021) [2021] SCSC 950 (8 October 2021)

IN THE SUPREME COURT OF SEYCHELLES Reportable [2021] SCSC ?lSb CR54 12021 Prosecution Accused [2021] SCSC 9S.0(08 October 2021). In the matter between REPUBLIC (rep. by Luihina Monthy) and ARNOLD BATTIN (rep. by unrepresented) Neutral Citation: Republic v Battin (CR54/2021) Before: Summary: Vidot J Grievous harm contrary to and punishable under section 221 (a) of the Penal Code 17-07-2021 and 04-10-2021 08 October 2021 Heard: Delivered: ORDER (i) (ii) (iii) a term of imprisonment of 2 years; and a fine of SR 12,000.00 of which SR6,000.00 shall be paid to Mr. Jim Nibourette, the victim, and in default to a term of 4 months imprisonment. The sum shall be paid not later than 6 months after having served the prison term. Any time spent on remand shall be discounted against the sentence. VIDor J SENTENCE 1. The Accused was charged with two counts. The second count was in alternative to the first. The f rst count was Acts intended to cause grievous harm contrary to section 219 of the Penal Code. The Accused pleaded not guilty to that count. The second count was the commission of grievous harm contrary to and punishable under section 221 of the Penal Code. The particulars of that count are that the Accused, who at the time of commission of the offence was 28 years old, a resident of St. Joseph, Am itie, Prasl in on the 11th November 2020, caused grievous to Jim Nibourette at the latter's residence of Amitie, Praslin, by means of hitting him with a mattock on his head and face, thereby causing him grievous harm. The Accused pleaded gui Ity to that count. The facts were rehearsed to Court and the Accused admitted them. Therefor he was accordingly convicted. 2. The First count was therefore withdrawn. 3. Since the Accused is a first time offender, he was advised by Court to request for a It is to be noted that the Accused was unrepresented and probation report ("the report"). that despite being advised by Court to seek services of a Counsel, he was adamant that he did not need one. The Court is in receipt of the report and a copy was served on the Accused. The Accused was also invited to make submissions, which submissions largely repeated matters referred to in the report. Both the report and submission in mitigation will be given due consideration before sentence is meted out. 4. The Accused is a first time offender and has pleaded guilty at an early stage ofproceedings, thereby showing remorse for the offence committed. He has not wasted court time and for that he should earn credit. S. The Accused is 28 years old. He is in a steady relationship for the past 9 years and the for more than 10 jobs. He claims to be a practicing father of 5 year old daughter. He has also been in steady employment years albeit catholic. that he has moved around to different 6. In the report the accused recounted events that lead to the incident of 11th September 2020. He stated that the victim had made false allegations that he and victim's wife were having an affair. He had gone to the victim's house together with his partner to have the matter resolved. However, there was a disagreement with the victim and he lost his cool and ended up hitting the victim with a mattock. According to the victim, he was hit on the head and face. He needed to have medical treatment and his wounds had to be sutured and suffered from a skull fracture. He still suffers from bouts of drowsiness and he is not as productive as he used to be. 7. The Accused's partner shown signs of such aggressiveness before and generally he is a passive person. However, actions have I do appreciate that the Accused has a young child and has been of good consequences. the Accused has never stated that character unti I that in mind that another person suffered injuries at the hands of the Accused. incident but on the other hand when meting out sentence, I have to bear 8. factors, [2003] (11 April2003)CA the court should be slow to sentence a 151 time offender In Morin v R SCA Cr.1112002 in the absence of some aggravating to a dealt with in some other way term of imprisonment and that such will depend on the facts and gravity of each case; see R v Tony Palrnyre [2019] SCSC 1005. Despite that I find the use of the mattock and inflicting injuries on the this Court finds victim as sa aggravating. that there is no alternative, Such assault could have been fatal. Therefore, but to impose a custodial if the offender can be appropriately sentence on the Accused. it was held that 9. Therefore, I sentence the Accused as follows; (i) (ii) (iii) of2 years; and a term of imprisonment a fine of SR 12,000.00 of which SR6,000.00 to a term of 4 months victim, and in default later than 6 months after having served the prison term. Any time spent on remand shall be discounted against the sentence. shall be paid to Mr. Jim Nibourette, imprisonment. the The sum shall be paid not If the Accused is unsatisfied with this sentence, he may appeal against the same with 30 working days from the date of this sentence. against this sentence, he may appeal Signed, dated and delivered at lie du Port on 08 October 2021 3