R v Ernesta (CO 65/2014) [2017] SCSC 950 (1 November 2017)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: C06S/2014 (2017] sese \ 0 I 0 THE REPUBLIC versus ALEXANDER ERNEST A Accused Heard: Counsel: 23 October 2017 Mr. George Thachett, Assistant Principal State Counsel Mr. Nichol Gabriel Attorney at Law for the accused for the Republic Delivered: 02 November 2017 SENTENCE Burhan J [I] The convict has been convicted on his own plea of guilt for the offence of causing grievous harm under section 219 (a) of the Penal Code. [2] Prior to sentencing the convict, I have considered the facts set out in the probation report and the medical report. According to the probation report I observe the convict is 20 years of age. It is also apparent that the victim was known to him and a good acquaintance and both would exchange provocative jokes with each other. It appears from the report and the evidence in Court that the convict had referred to the victim on the date of the incident as a "fat gay person" and the victim had held him and asked him who is gay. The victim had left him and gone home. He had thereafter got a call that the convict was looking for him with a bottle of fuel in his hand~ctm had taken a long stick and gone outside and the convict had thrown the bottle a&::=Aial and tried to light a match and throw it at him. The victim had hit the convict with the stick and the convict had run and he had chased him. It appears from the evidence in Court that the victim had caught up with the convict in a shop and held him again and told him you wanted to fight but you could not even hit me. He had let go of the convict and the convict had taken off. Then the victim states he was suddenly stabbed and he had passed out. He had regained consciousness whilst being taken to hospital. It is apparent he had undergone emergency surgery at the hospital. The injury according to the evidence of Dr. Bondar was life threatening. [3] I have also considered medical the report of Dr. Barbova in respect of the convict. She states the convict suffers from heroin dependence and a condition called Dissocial Personality Disorder. She recommends treatment referred to as Cognitive Behavioural Therapy (CBT) as an outdoor patient. [4] Even though the victim had come out with a long stick to fight the convict and in fact admittedly hit the convict with the stick, I observe that the acts of the convict in throwing fuel on the victim and attempting to set him alight and thereafter the act of stabbing the victim are acts intended to cause grievous harm and in actual fact, did cause grievous harm to the victim as borne out by the evidence of Dr. Bondar. I am satisfied the convict must be incarcerated for such a serious offence. [5] I observe the maximum sentence for such an offence is life imprisonment. Having considered the aforementioned facts i.e. the seriousness of the offence committed, the facts contained in the plea of mitigation, the convict's plea of guilt during trial thereby expressing remorse and regret, the age of the convict (20 years), facts contained in the probation report and the medical report of the convict, I proceed to pass the following sentence. [6] The convict Alexandra Ernest is to serve a term of five years imprisonment. Time spent in remand to Count towards sentence. [7] I make further order during this period of incarceration, the prison authorities are to produce the convict to the psychiatric clinic for CBT treatment as recommended by Dr. Barbova. Copy of this sentence to be served on Superintendent of Prisons and Dr. 0 Malalu Consultant in Charge -Mental Health Services. Signed, dated and deli vered at Ile du Port on 2 November 2017 M Burhan Judge of the Supreme Court 3