R v Ogungbenro (42 of 2006) [2006] SCSC 87 (30 November 2006)

IN THE SUPREME COURT OF SEYCHELLES THE REPUBLIC VS. JOHN OGUNGBENRO Criminal Side No. 42 of 2006 Mr. Chetty for the Republic Mr. Bonte for the Accused SENTENCE This Court has considered the charges laid against the convict now before the Court and the submission of both state counsel and the defence counsel regarding the convict’s situation during, before and after the commission of the offence. In particular Mr. Bonte, on behalf of the convict submitted that the convict is a foreigner who has offered volunteer services to this country for quite a long time. That it came to a time when the convict was out of employment and with no income from anywhere and had no access to basic necessities such as food and housing.    It is for these reasons that his counsel urges this court to be lenient to him while sentencing. The convict has saved the precious Court’s time by pleading guilty which also shows remorse on his side.    The Court was informed that the Nigerian Ambassador and the Government of Seychelles have arranged for his travel back home this weekend.    Be that as it may the Court takes this offence as a very serious one and if possible there is a need for a serious punishment to be metted out on the convict so that a loud and clear message is received by the public. The offence carries a maximum sentence of three years imprisonment.    Given these circumstances I believe that the convict, who is a first offender, should be sentenced to a fine of SR 1000/- in default he should undergo a period of six months imprisonment. Right of appeal explained. I so order. D. GASWAGA JUDGE Dated this 1st day of December, 2006