R v Prudence (CO 31/2014) [2018] SCSC 8098 (1 March 2018)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 3112014 [2018] SCSC Q.,.25 THE REPUBLIC versus FLAVY REGINALD PRUDENCE Accused Heard: Counsel: 02 March 2018 Ms Confait for the Republic Mr Gabriel for the accused Delivered: 02 March 2018 SENTENCE Dodin J [1] I have heard Counsel in mitigation. The convict is 48 years old, he has pleaded guilty and I agree it is a long outstanding matter thus saved the Court's time and expenses of a trial. Initially there were several parties in the case at least three now there is only the convict. [2] He has no dependent children, he was married and in the process of divorce. He has agreed to pay back the amount outstanding that he believes he owes which I have calculated as at now to be Four Hundred and Eighty-one Thousand Five Hundred and Eighty-One Rupees (SR 481 ,58 I) and Three Thousand Seven Hundred and Seventy-Seven Euros (Ew-o 3,777), after deducting the amounts paid by both the convict and the other parties. [3] Ilaving considered all that, I agree that a prison sentence would not serve justice of the case, so I will not impose a fixed sentence of imprisonment, however, I will sentence the convict to 2 years imprisonment suspended for 3 years. He will not have to go to prison, but with the following conditions:- 1. Firstly, that he does not commit any similar offence during the period of 3 years. 2. Secondly, that he pays the outstanding amount which is Four Hundred and Eighty- One Thousand Five Hundred and Eighty-One Rupees (SR 481,581) plus Three Thousand Seven Hundred and Seventy-Seven Euros (Euro 3,777). 3. I am giving him 2 years that is 24 months to complete payment which he can do by instalments. 4. I further fine him Five Thousand Rupees (SR 5000) which fine he has to pay into Court and I give him 6 months to pay that fine. 5. He can Appeal against the sentence within 30 working days. Signed, dated and delivered at Ile du Port on 02 March 2018. G Dodin Judge of the Supreme Court 2