R v Pool (CO 51/2016) [2017] SCSC 968 (4 December 2017)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 51/2016 [2017] sese II <?; 2:> THE REPUBLIC versus GEORGE PIERRE POOL Accused Heard: Counsel: Mr Subramanian, Assistant Principal State Counsel for the Republic Mr Juliette for the accused Delivered: 5 December 20 17 SENTENCE Dodin J [1] I have considered the mitigating factors just related by counsel for the Convict. The Convict is 43 years old, a driver with a salary of SR7,100. He has dependents, one child of 10 years old, the other child is 25 and he is about to get married by the end of this year. The incident occurred during a family gathering so it is a family issue which is usually best served by the families reconciling. And as counsel has stated he has pleaded guilty, saved the Court's time and expenses and therefore there is no need for a trial. And counsel has moved for a lenient sentence. The Convict is remorseful. [2] Having considered all that and the fact that the victim has had a full recovery from the injury, which was not life threatening, I will not impose a firm sentence of imprisonment but I would impose a sentence of one year imprisonment which sentence is suspended for two years. So that's the term of imprisonment. He does not have to go to prison. And as condition of the suspension I make the following orders: That he does not commit any similar offence during the time of the suspension, that's two years. And further for a period of five years he does not intentionally approach the complainant/victim or his place of work or where he lives. So ensure that. Of course if they reconcile everything would be in order, it's his family so the Court cannot stop that but otherwise he maintains that for the next period of five years. [3] I also impose a fine of SR30,000 in addition to the suspended sentence for two years. Out of that SR30,000, SR25,000 shall go to the victim as compensation. If he requires, I can allow him twelve months to make full payment. He must make regular payment. He must complete everything by twelve months. [4] He can appeal against the sentence within 30 working days of today. Signed, dated and delivered at Ile du Port on 5 December 2017 "f41~~ G Dodin Judge of the Supreme Court 2