R v Sirame & David (CO 32/2020) [2021] SCSC 1048 (15 November 2021)

SUPREME COURT OF SEYCHELLES Reportable [2021] SCSC CO 32/2020 1st Accused 2nd Accused In the matter between: THE REPUBLIC (rep. by Mr. Revera) and IAN SIRAME (rep. by Ms. Parmantier) JEAN-PAUL DAVID (rep. by Mr. Chetty) Neutral Citation: The Republic v Sirame & David (CO 32/2020) [2021] SCSC Before: Heard: Delivered: 15 November 2021 Dodin J 15 November 2021 15 November 2021 SENTENCE DODIN J [1] I have heard Counsel in mitigation. [2] Counsel has given a summary of how his life has worked out and how he is in this situation at this stage. [3] He is now 27 years old, he has a daughter who is 7 years. [4] As being indicated much of his past years, recent years he has spent in prison for one offence or the other. [5] It was eventually discovered that he does have a personality disorder and he was also using drugs at a time but it seems that you are now on treatment for drugs and he is off medication for personality disorders. [6] He is also on work programme with PUC where his performance is considered to be satisfactory and he has got a good attitude. [7] He is currently serving a sentence of imprisonment for manslaughter. [8] This offence here that we are considering was committed before he was convicted for manslaughter. [9] He has pleaded guilty, he has not wasted the Court’s time on expenses of a trial and it is not for the Court to inflict a harsher punishment that is necessary. [10] However the offence that he has been convicted of under the law is quite serious. [11] There is a sentence of life imprisonment but considering the circumstance of the offence where the victim suffered a blue, that is there was an act of violence and a bit money, that I Rs 3,200/- was taken from him. [12] Every victim of crime thinks that the crime is very serious because nobody wants to be a victim of crime. [13] I have considered all this and considering that he is now serving 4 years for manslaughter he has just started. I will still insist that he serve a period of imprisonment for this offence after he has served his 4 years. [14] However I will not make it a very lengthy one. I will for the purposes of this case impose a sentence of 6 months imprisonment on him but it will run consecutive with his term of 4 years which he is currently serving in this case. Signed, dated and delivered at Ile du Port on 15th November 2021 ____________ Dodin J Judge of the Supreme Court 3