R v Bijoux (CR 03/2014) [2020] SCSC 654 (23 November 2020)

IN THESUPREME COURT OF SEYCHELLES ----------------------------------------------------------------- Reportable [2020] SCSC .~LS-O CR 03/2014 Rrosecution REPUBLIC (rep. byAnanth Subramanian) and CLAUDETTE BIJOUX (rep. by Anthony Juliette and Karen Domingue) Accused _______ :Neut~al Gitation+-Republlc-v el-audettriiio-crx (eR-O~nOT4n20Z0l_Sr:SI:~s:q.~¥~eF-r ---- Before: Summary: Heard: Delivered: 2020). Vidot J Personating a public officer contrary to section 100(b) of the Penal Code and obtaining goods by false pretence contrary to section 297 of the Penal Code 09 November 2020 23 November 2020 ORDER SENTENCE VIDOT J [I] The Accused was charged with and convi cted on her own guilty plea for the following offences Count 1. Statement of offence Personating a public officer contrary to section 100 (b) oithe Penal Code and punishable under the same. Particulars of offence Claudette Bijoux of Belvedere, Mahe, during the period from December 20 10 to July 20 II falsely representing as a public servant by saying that she is working at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain citizenship for Mr Nicholas Peter Budd and his family by virtue of her employment at the Vice President's Office, State House, Victoria, Mahe. Count 2. Statement of offence _______ Obtaining goods by false pretence contrary to section 297 of the Penal Code and punishable under the~same~.-----------------==================== Particulars of offence Claudette Bijoux of Belvedere, Mahe, on the 23rd December 2010 at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Bud:! through Alessandro Pagano of Macha bee, Mahe, a sum of R50,000 by encashing a cheque dated 23rd December 20 I0 bearing no. 226300 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family. Count 3. Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under Statement of offence the same. Particulars of offence Claudette Bijoux of Belvedere, Mahe, on the 23rd December 2010 at Victoria, Mahe, with intent to defraud, obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of RSO,OOOby encashing a cheque dated 2Y·' December 2010 bearing no. 22630 I drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working a- a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain citizenship for the said Nicholas Peter Budd and his family. Are you guilty 01' not guilty? Count 4. Statement of offence Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under the same. ______ ___::::C~la"'_'u"_"d=e=tt=e__"B~ijoux of. Belvedere.dvlahe-on-the-Z plLDecem ber-zOtf}-ar-Vrc ort Particulars of offeree to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of RSO,OOOby encashing a cheque dated 27th December 2010 bearing no. 226302 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain citizenship for the said Nicholas Peter Budd and his family. Count 5. Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under Statement of offence the same. Particulars (If offence Claudette Bijoux of Belvedere, Mahe, on the 4th January 2011 at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of RSO,OOOby encashing a cheque dated 4th January 2011 bearing no. 226303 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family. Count 6. Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under Statement of offence the same. Particulars of offer:ce Claudette Bijoux of Belvedere, Mahe, on the 4th January 2011 at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R50,000 by encashing a cheque dated 4th January 201 I bearing no. 226304 drawn on the ______ -",ccounLof the-said-AI€-st;aooro-)2agano maintained with-tlre-Barclays BanI<,\[ictor..l~e~, .pb¥)'--- falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family. Are you guilty or not guilty? Count 7. Statement of offence Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under the same. Particulars (\1' offence Claudette Bijoux of Belvedere, Mahe, on the I j lh January 2011 at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R50,OOO by encashing a cheque dated 11(11 January 20 I I bearing no. 226305 drawn on the account of the said Alessandro Pagano maintained witn the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family. Are you guilty or not guilty? Count 8. Statement of offence Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under the same. Particulars of offer..ce Claudette Bijoux of Belvedere, Mahe, on the 24th January 20 II at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R45,000 by encashing a cheque dated 24th January 2011 bearing no. 226308 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd __________ ~a~n~d~·~a~y--------------------------------~========================= Count 9. Statement of offence Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under the same. Particulars (If offence Claudette Bijoux of Belvedere, Mahe, on the 2:5thJanuary 20 II at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R30,000 by encashing a cheque dated 2yh January 20 II bearing no. 226310 drawn on the account of the said Alessandro Pagano maintained witn the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family Count 10. Statement of offence Obtaining goods by false pretense contrary to section 297 olthe Penal Code and punishable under the same. Particulars of offence Claudette Bijoux of Belvedere, Mahe, on the 2'lth January 20 II at Victoria, Mahe, with !ntent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R75,000 by encashing a cheque dated 27th January 20 II bearing no. 226311 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family. __________ ~C=o=un~t~l~. _=================================== Statement of offence Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under the same. Particulars of offence Claudette Bijoux of Belvedere, Mahe, on the 28th February 2011 at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R75,000 by encashing a cheque dated 28th February 20 II bearing no. 226314 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public serv.int at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family Count 12. Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under Statement of offence the same. Particulars of offence Claudette Bijoux of Belvedere, Mahe, on the 28th February 2011 at Victoria, Mahe, with !ntent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R75,000 by encashing a cheque dated 28th February 2011 bearing no. 226315 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family. Count 13. Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under Statement of offence the same Particulars of offence Claudette Bijoux of Belvedere, Mahe, on the 31sl March :W 11 at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R75,000 by encashing a cheque dated 31st March 2011 bearing no. 226321 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Malle, by falsely pretending that she is working as a public serv.mt at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family Count 14. Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under Statement of offence the same. Particulars of offe nee Claudette Bijoux of Belvedere, Mahe, on the 2 l " April :"',011at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R75,000 by encashing a cheque dated 21 st Apri I 2011 bearing no. 226322 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtained the citizenship for the said Nicholas Peter Budd and his family. Count 15. Obtaining goods by false pretense contrary to section 29'7 of the Penal Code and punishable under Statement of offence the same. Particulars of offence ______ ____:,,-C"..!la~u"-"d~e"'tt~e--. BoL';ji ioux oLBel¥eder€,-Mahe,en-tne--301h-jurre--2{) l1:acV1CtOLl~. erwi·t defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R75,000 by encashing a cheque dated 30th June 2011 bearing no. 226338 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mane, by falsely pretending that she is working as a public serv.mt at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family. Count 16. Obtaining goods by false pretense contrary to section 297 of the Penal Code and punishable under Statement of offence the same. Particulars of offence Claudette Bijoux of Belvedere, Maile, on the 26th Julj :-0 II at Victoria, Mahe, with intent to defraud obtained from Mr Nicholas Peter Budd through Alessandro Pagano of Machabee, Mahe, a sum of R3,000 by encashing a cheque dated 26,[1July 2011 bearing no. 226345 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe, by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such she can obtain the citizenship for the said Nicholas Peter Budd and his family. Count 17. Stealing contrary to section 260 read with section 253( I) of the Penal Code and punishable under Statement of offence section 260 of the Penal Code. Particulars of offence Claudette Bijoux of Belvedere, Mahe, during the period 01 December 20 I0 to July 2011 stole a sum ofR828,000 from Nicholas Peter Budd which is the property of the said Nicholas Peter Budd by fraudulently receiving the said money under the pretex: of obtaining citizenship for him and his ______ ..:::fa=m.:..:=.i I.lv-,.~A=r=--,eyou.guil ty.or not-guilty? [2] In mitigation counsels for the Accused pleaded for leniency. They submitted that the Accused has pleaded guilty thereby showing remorse for the offences committed and saving the Court precious. The Accused is 54 years of age, married with two children. One of the children has passed away. The other son is 2:'i years old and a marine mechanic on the Seychelles oil tankers. The Accused is of ill health and the hearing of this case had to be aborted on at least one occasion because she had to pursue overseas medical treatment in India. At other times, her medical situation did not allow for the case to be heard. She is on disability benefit allowance and is also a carer. She has also applied for a job at the Indian Ocean Tuna Limited. She is married and ner husband is a mechanic. [3] The Accused served a 15 months sentence for allied offences and is still paying a monthly fine in the sum of SR 15,000.00. Whilst in prison she had time to reflect over the crimes that she did. During that same period she received counselling from the sisters of charity and to that end, since her release from prison she regularly voluntarily works in the kitchen at orphanages managed by the sisters of charity. [4] In meting out an appropriate I have considered all matters in r particularly take note of the Accused guilty plea and her age. r take note that sentence in this case, mitigation. she suffers from ill health. I also take note that this case is rather protracted, but through no fault of the Court. Nonetheless, such protraction was occasioned by certain unroreseen events such as the Accused ill health and the fact that she had to go abroad for treatment. Article 19(1) of the Constitution makes provision for trials to happen within a reasonable time. [5] A guilty plea saves the court's precious time and tile Accused should earn credit for that and obtain discount from the sentence that would have otherwise been imposed ifthe case had proceeded though full trial. In R y Brffery 14 Cr. App. R. (S) 51lCA, Lord Taylor CJ stated that there was no absolute rule as to what the discount should be, but as general guidance, the Court believed that something of the order of one third would be an appropriate discount. Blackstone's Criminal Practice (2012), paragraph E.12 p2148 provided that a guilty plea would in effect earn an accusecLa_reductiQ-A-insentence-asit .....-_-------a.v.@&-t,i-ffie-ttf the-cu1l1'f1i'i1Clreduces considerable cost and in case of an early plea, saves inconvenience of witnesses to give evidence before Court, and therefore that "reduction should be a proportion to the total sentence imposed calculated by references in which the guilty plea was indicated, especially at what stage in the proceedings. " [6] I have also considered that in meting out sentence, the Court has to bear in mind that classic principle of sentencing is deterrence, prevention, rehabilitation, reformation and retribution; see Lawrence v Republic [1990]SLH. 47. [7] I have also taken into account the principles of totality proportionality of sentence. [8] I proceed to sentence the Accused as follows; (i) On count 1 to a term of two and a half (2 Y:z) years imprisonment suspended for 3 years and to a fine of SR 12,000.00 and in default to a term of 6 months imprisonment. (ii) On counts 2 to 17 inclusive to term of two and a half (2 Y:z) years imprisonment and to a fine SR 12,000.00 on each count and in default to a term of 6 months imprisonment for each count. (iii) The Accu!.;ed may pay the fines by monthly minimum instalments of SRSOOO. OO until such time that the fine is fully paid. (iv) For avoidance of doubt the Accused shall only pay an average minimum of SR5000.00 per month and 110tSR5000.00 every Count. [9] If unsatisfied with the sentence, working days from today. the Accused may appeal against the same within 30 Signed, dated and d~ iyfr~d at Ile du Port on 23 November 2020 ~~' - Vic ot J • '. \. i \ " . I \...10..'~ .v. 'l 'I' .! ". ~\',:~ / . ';-:--:.'/~-.....- \ / " . /" '" 11