R v Ernesta (CO 65/2016) [2017] SCSC 927 (27 September 2017)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 65/2016 [2017] SCSC THE REPUBLIC versus IVAN BERNARD ERNESTA Accused Heard: Counsel:      Ms Ibrahim for the Republic      Mr Clifford Andre for the accused Delivered:      28th of September 2017 SENTENCE Nunkoo J [1] The Accused was charged of the offence of uttering threats to NDEA agent contrary to Section 16(6) b of the National Drugs Enforcement Act (Act 20 of 2008) and punishable under Section 17 (3) thereto. [2] Section 16(6) b provides as follows: A person who – utters or sends threats to or in any way, intimidates or menaces an NDEA agent or any member of his family of an NDEA agent; [3] Section 17 provides for the sentence which is a fine not exceeding Rs 5000,000.00 or a term of imprisonment not exceeding 20 years. [4] Accused pleaded guilty and was convicted. [5] In mitigation Learned Counsel stated that Accused is a first time offender aged 30 years. He has a cycle rental business at La Digue. He has a daughter who is ten years old and another child is due any time. Learned Counsel urged the court to believe that it was a mere exchange of words implying that accused’s threats should not be taken seriously. [6] The Court notes the very serious penalty attaching to this offence and is also aware of the very serious circumstances when a heavy sentence can be imposed. [7] In view of the fact that the accused pleaded guilty and taking into account the fact that accused is well established in his business which he has to run personally, a fine will meet the ends of justice. The court sentences accused to pay a fine of Rs 5000.00 Signed, dated and delivered at Ile du Port on 28th of September 2017. S Nunkoo Judge of the Supreme Court 2