R v Reginald & Ors (CO 32/2017) [2018] SCSC 109 (8 February 2018)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 32/2017 r201s1 scsc I o c1 THE REPUBLIC versus RONNY REGINALD First Accused RYAN REGINALD Second Accused CHRISTOPHER REGINALD Third Accused Heard: Counsel: 08 February 2018 Mr. C. Jayaraj, Principal State Counsel for the Republic Mr. C. Andre for the accused Delivered: 8 February 20 18 SENTENCE Vidot J [1] The Accused are charged with one count as follows; Statement of Offence Uttering and sending threats and interfering with the NDEA Agents in the exercise of their duties contrary to Section 16(6)(b) of the NDEA Act read with Section 23 of the Penal Code and punishable under Section 17(3) of the NDEA Act Particulars of Offence Ronny Rene reginald of Rochon, Mahe, Ryan reginald of Rochon, Mahe and Christopher Reginald of Rochon, Mahe, on 12th July 2017 at around 1400 hrs at Rochon, Mahe, interfered and uttered threatening words to NDEA Agents, namely Talma HENDRICK, Alexandre Cherry and Jim Cedras in the exercise or performance of their duties by uttering the following words; " I will kill you, I will go and get my machete and start to cut your neck." [2] The charge against the third Accused was withdrawn. [2] The first and second Accused have pleaded guilty to the charge. Mr. C. Andre, counsel for both Accused, in mitigation pleaded for court to show leniency on his clients. He reminded Court that his clients have shown remorse and have pleaded guilty at the earliest opportunity. The second Accused has a family. Apart from verbal threats there was no aggression or physical threats. The Accused are in employment and both are first offenders. [3] I have given full consideration to Counsel's submission in mitigation. I also note that the Accused are relatively young. However, such behaviour towards law enforcement officers should not be condoned in any way whatsoever. It is unfortunate and alarming that this country is moving into a state of lawlessness whereby people have no respect for one another, for authority and the law. The urgency to arrest such situation is long overdue. (4] Therefore, in the circumstances, I sentence the first and second Accused to a fine of SR8,000.00 each which sum shall be paid on or before 08th May 2018, in default of which they shall serve a term of 6 months imprisonment. (5] The first and second Accused have a right to appeal against the sentence is unsatisfied with the same. Signed, dated and delivered at lie du Port on 8 February 2018 Judge of the Supreme Court 3