R v Emmanuel & Anor (CO 14 of 2022) [2023] SCSC 325 (5 May 2023)

SUPREME COURT OF SEYCHELLES Reportable [2023] SCSC CO 14/2022 3d-5 In the matter between: THE REPUBLIC (Represented by Mrs Lansinglu Rongmei) Prosecution and FRED EMMANUEL I" Accused And STEVE NICETTE (Both represented by Mr William Herminie) 2nd Accused Neutral Citation: Rep vs Emmanuel & Or (CO 14/2022) [2023] SCSC 3~ 5 (yh May Before: Summary: Heard: Delivered: 2023) Adeline J Sentencing of convicted persons/Convicts pleaded guilty to robbery. 4 April 2023 5 May 2023 SENTENCE Adeline, J [1] By way of a formal charge filed in court on the 16th March 2022, Fred Emmanuel of Bel Air, Mahe, Seychelles and Steve Nicette of Mont Buxton, Mahe, Seychelles ("the Accused persons") were both jointly charged and prosecuted for one count of robbery with violence contrary to Section 280 as read with Section 22 (a) and punishable under Section 281 of the Penal Code, Cap 158, to which charge they both pleaded not guilty. [Z] On the 61hApril 2023, an amended charge was filed in substitution to the original charge, the statements of which reads as follows; " Count I Robbery with violence contrary to Section 280 as read with Section 22 (a) and punishable under Section 281 of the Penal Code, Cap 58. In the alternative to count I, Count 2 Robbery contrary to Section 280 as read with Section 22(a) and punishable under Section 281 of the Penal Code, Cap 158. [3] The particulars of tile offence (the alternative count 2 offence) reads, as follows; "In that, Fred Emmanuel of Bel Air, Mahe, together with one Steve Nicette of Mont Buxton, Mahe on the 121hFebruary 2022 at about 8.30 pm at the Sha1ini shop, Market street, Victoria, Mahe with common intention or design did rob one Balarnurugan Kaliamoorthy and stole SCR 10,000, ten tin ofMahe King cigarettes valued at SCR 11,300 and 5 packets of tobacco valued at SCR 3,675, and at or immediately before or immediately after the commission of such robbery, did use actual violence against the said Balamurugan Kaliamoorthy". [4] On the 6th April 2022, the two accused persons pleaded not guilty to count 1, the offence of robbery with violence, and guilty to the alternative charge in count 2, the offence of robbery. They were both convicted for the offence of robbery after they admitted the facts narrated by the prosecution. [5] Today, the case is for sentencing of the two convicts. r6] The offence of robbery in contravention 01 Section 280 of the Penal Code is pun ishable under Section 281 of the Penal Code and carries a maximum term of imprisonment of 18 years. f7] To determine the appropriate sentence that will bring about a just conclusion to this case, I have taken into account the matters raised by defence counsel in plea mitigation. I have, in particular, taken into account, the fact that both convicts are first time offenders who had pleaded guilty thus avoiding wasting this court's time and resources. I have also taken into account, the fact that they have shown remorse for the offence committed. [8] In search of the sentencing pattern for offences of this nature, I have considered the sentence imposed in the following cases; (i) In Jean-Yves Dodin v R) SCA CR 26 of2019 [2021] SCCA 3 (30 April 2021) a 7 year prison sentence after trial, was upheld by the Court of Appeal following conviction for the offence of robbery with violence. (ii) In Republic vs Bibi (CO 53 of2021) [2021] a prison sentence of two years and six months was imposed on conviction for robbery with violence, and (iii) In R v Ally and Anor (CO 93 of 2020) [2021] SCSC 418 (13 July 2021, both convicts were sentenced to a term of imprisonment of 3 years on their guilty plea to robbery with violence. [9] I therefore sentence the 1sl convict, Fred Emmanuel, to serve a term of imprisonment of 4 years, and the 2nd convict Steve Nicette, to serve a term of imprisonment of 3 years, 6 months (3 Y2years) as of today. [10] In accordance with Article 18(4) of the constitution, the period of time which the two convicts had been on remand in police custody shall be deducted from their term of imprisonment. Signed, dated and delivered at lie du Port 5 May 2023. 4