R v Patrick Michael Lime (CR 106 of 2021) [2024] SCSC 125 (29 May 2024)

contents of #navigation-content will be placed in [data-offcanvas-body] for tablet/mobile screensize and #navigation-column for desktop screensize. Skip to document content Table of contents Search null Adeline J Patrick Lime of Pointe Larue, Mahe Seychelles, the Accused who is now a convict, was indicted before this court with one Court of an Act Intended to Inflict Grievous Harm Contrary to Section 219 (a) and Punishable under Section 219 of the Penal Code, Cap 158. By such indictment, as per the particulars of the offence, it is stated, that “Patrick Michael Lime of Pointe Larue, Mahe, on the 5th November 2021, at Lilo Glacis, Mahe, unlawfully inflicted grievous harm to one Billy Ah-Tiff by means of throwing a hammer at the said Billy Ah-Tiff hitting him at the back of the head and furthermore, threw a rock at the said Billy Ah-Tiff hitting him on the shoulder with intent to do some grievous harm to the said Billy Ah-Tiff”. On the 22nd April 2022, the Accused/Convict pleaded not guilty to one count of an Act Intended to Inflict Grievous Harm Contrary to Section 219 (a) and Punishable under Section 219 of the Penal Code, Cap 158. On the date the trial was to proceed on the 17th November 2023, leaned counsel for the accused/convict, informed the court, that as per the instructions he has received from the accused/convict, there is a change of circumstances. Learned counsel moved the court to put the charge afresh to the accused/convict who pleaded guilty to the offence. The accused/convict, was therefore convicted on his guilty plea after he admitted the facts narrated by the prosecution, which were as follows-, “On the 5th November 2021, the virtual complainant/victim, Mr. Billy Ah-Tiff, the owner of a construction business named Basil Construction, had a discussion with the accused/convict whom he had recruited to work for him as a casual labourer on a construction project at Lilo, Glacis. On the day of the incident, the 5th November 2021, at around 1530 hours when the complainant/victim, Billy Ah-Tiff came to the Construction site, he found that the works he had assigned to the accused/convict had not been carried out the way he wanted him to and to his satisfaction. Mr. Ah-Tiff called the accused/convict and told him that he wasn’t happy with the works that he had done. The accused/convict unhappy by what he was told started to shout at Mr. Ah-Tiff who shouted to him back. The accused/convict then took a hammer and threw at Mr. Ah-Tiff hitting him at the back of his head causing him to fall down and sustain injuries. The accused/convict then picked up a stone and an iron rod and threw at Mr. Ah-Tiff. Because of the injuries he sustained, which as a consequence he was bleeding heavily, Mr. Ah-Tiff was taken to the Beau Vallon clinic and then transferred to the Seychelles hospital for medical treatment. Mr. Ah-Tiff’s medical report shows, that he received 8 stitches of around 8 – 9 centimeters for the injuries he sustained at the back of his head. Mr. Ah-Tiff was admitted in hospital for treatment overnight. Mr. Ah Tiff also sustained other injuries in the form of a fracture to the skull as well as injuries to his shoulder. At the request of learned counsel for the accused/convict, the court commissioned a Probation Report which was duly received and served on the parties to the case, and which report, learned defence counsel referred to in its plea in mitigation. It is reported in the Probation Report, that according to him, he, the accused/convict had wrongfully placed a concrete foundation. As reported, the accused/convict confirmed, that he was a drug dependent person who was trying to reduce his dependent on heroin the effect of which triggered his anger and frustration exacerbated because of the delay by Mr. Ah-Tiff to pay him his salary, coupled with the vulgar languages that Mr. Ah-Tiff uttered against him. It is also reported, that the accused/convict regrets what he did and that he is remorseful as he seeks for forgiveness. He reckons, that he should be given a suspended sentence and be ordered to pay compensation to his victim, Mr. Ah-Tiff. The complainant/victim of the offence, Mr. Ah-Tiff, was interviewed by the author of the Probation Report. The Report reports, that the accused/convict was in Mr. Ah-Tiff employment for six months prior the incident and that Mr. Ah-Tiff knew that he was a drug dependent person but chose to employed him because he was a good worker. According to Mr. Ah-Tiff, he had to give the accused SCR 500-600 daily to enable him to buy the drugs he needed for him to be able to perform on duty during the day. As per Mr. Ah-Tiff’s version of the incident that happened on the 5th November 2021, he had earlier given the accused/convict instructions as to how to go about doing the works he was asked to do. He left the working site, and when he returned, he discovered, that the works had not been done according to his instructions and he got angry. As he bent down to show the accused/convict where he had gone wrong, the accused/convict hit him with a hammer behind his head. According to him, he was also hit on his shoulder with three pieces of rock which the accused/convict threw at him. It is reported in the Probation Report, that because of the injuries he sustained behind his head caused by the hammer blow, there was excessive bleeding that a neighbour close to the working site had to take Mr. Ah-Tiff to hospital for treatment. Once in hospital, Mr. Ah-Tiff had his injuries sutured. According to Mr. Ah-Tiff as reveals by the Report, he had a fractured skull. As to the personal circumstances of the accused/convict, the Probation Report reports, that the accused/convict is a 50 year old father of a 39 year old son. He is a single father who used to live with his mother at Pointe Larue, Mahe until he was incarcerated as a consequence of this case. He has seven siblings. The accused/convict has been working as a mason at the time of the incident. The accused/convict’s explanation for the offence he has committed and been convicted as stated in the report, is that, during the time that he has been in the employment of Mr. Ah-Tiff, Mr. Ah-Tiff has shown no respect for him and has manipulated him including paying him his monthly salaries late after they became due, and in spite of that, he has continued to work for him on different sites. It is also reported in the Probation Report, that according to the accused/convict, on the day the incident happened, it all started after he was insulted by Mr. Ah-Tiff because he had wrongly placed a concrete foundation. In the Report, the accused/convict confessed, that at that time he was a drugs dependent person who was trying to reduce his dependency on drugs heroin, and that was having an adverse effect on him as it triggered his anger and frustration, particularly, because of the delay in having his salary paid to him, and also, because of the vulgar languages that Mr. Ah-Tiff was uttering against him. It is further reported in the Probation Report, that the accused/convict regrets what he did and that he is remorseful. He seeks for forgiveness. The accused/convict reckons, that he deserves a suspended sentence coupled with an order to pay compensation to Mr. Ah-Tiff. The complainant/victim of the offence, Mr. Ah-Tiff, was interviewed by the author of the Probation Report. The Report reports, that the accused was in Mr. Ah-Tiff employment for six months prior the incident and that Mr. Ah-Tiff knew that he was a drug dependent person but chose to employ him because he was a good worker. According to Mr. Ah-Tiff, he had to give the accused SCR 500-600 daily to enable him to buy the drugs he needed to consume daily for him to be able to perform on duty during the day. As per Mr. Ah-Tiff’s version of event as reported in the Probation Report, on the day the incident happened, he had earlier given the accused/convict instructions about the works he was asked to do. He then left the working site and when he returned on site, he noticed that the works had not been done according to his instructions, and because of that he got angry. It is reported in the report, that at a time when Mr. Ah-Tiff had bent down to show to the accused/convict where he had gone wrong, the accused/convict hit him with a hammer behind his head when he suddenly felt dizzy and started bleeding. According to Mr. Ah-Tiff, the accused/convict also hit him with three pieces of rocks. It is reported in the Probation Report, that because of the injuries sustained at the back of his head caused by the hammer blow, there was excessive bleeding. A neighbour close to the working site volunteered to take him to hospital for treatment. At the hospital, Mr. Ah-Tiff had his injuries sutured. As stated in the Report, Mr. Ah-Tiff also sustained a fracture skull, which has been the reason why he had blood clot in his head that lasted for six months. In the Report, Ah-Tiff refuses to speculate on the possible punishment which the court may impose on the accused/convict for the offence he committed against him. He told the author of the Report, that he leaves that decision to the court. In Plea in mitigation, it was the submission of learned defence Counsel, that there are certain facts that the court has to consider in meting out the sentence that would be justified based on the facts and circumstances of this case as transpired in evidence. Learned counsel submitted, that first and foremost, the court must take into account the fact that the accused/convict has pleaded guilty at the first available opportunity and that his plea of guilty is a sincere acknowledgement that he did something wrong and is very remorseful while he fully understands the seriousness of his action. Learned counsel pleaded for leniency in sentencing the accused/convict. It was also the submission of learned defence counsel, that the court must take into account the facts and circumstances that the offence was committed. Learned defence counsel submitted, that the accused/convict was subjected to severe provocation by the complainant/victim of the offence, Mr. Ah-Tiff, and that caused the accused/convict to lose his self-control which was out of his usual character. Learned defence counsel cited the case of Republic vs Michel & others CO 74/2019, in which case, when imposing sentence on the convict for assault, the court did consider provocation as a mitigation factor. The sentence for the offence of an Act Intended to Inflict Grievous Harm is prescribed under Section 219 of the Penal Code. It provides, that any person convicted of such offence is liable to a maximum term of imprisonment for life. In meting out the appropriate sentence that will do justice in this case, I have taken into account the fact that the accused/convict pleaded guilty at the first available opportunity. I have also taken into account, the fact that the offence committed is serious and the fact that he has apologised to the victim of his crime. I have taken on board learned counsel’s suggestion that the accused/convict was subject to provocation and that was the reason he reacted the way he did. Nonetheless, I am of the view, that this doesn’t change the fact, that the offence of which the accused/convict has been convicted is very serious, and that it carries a maximum term of life imprisonment. Therefore, the appropriate sentence should be is one that would deter the accused/convict, or anybody else who may be tempted to commit similar offence in the future from doing so. I therefore sentence the accused/convict to serve a term of imprisonment of 4 years as of the date of this sentence. The time which accused/convict has spent on remand in Police custody awaiting trial up to the date of this sentence shall be deducted from the 4 years prison sentence in line with Article 18(14) of the constitution. Signed, dated and delivered at Ile du Port on 29th May 2024. ____________ B. Adeline Judge