R v SJ (CO 56/2020) [2021] SCSC 319 (11 June 2021)

IN THE SUPREME COURT OF SEYCHELLES Reportable [2021] SCSC .3.' q co 56/2020 In the matter between THE REPUBLIC (rep. by Mr. David Esparon) and S (rep. by Mr. Daniel Cesar) J Neutral Citation: Before: Heard: Delivered: Rep v S G. Dodin J. 7 June 2021 11 June 2021 PROSECUTION ACCUSED J & Ors (CR 56/20) [2021] SCSC~.1911 June 2021 SENTENCE Dodin J [I] The Convict, S J has been convicted on his own guilty pleas to 37 counts mostly under sections 152 and 284 of the Penal Code and section 4 (1) read with section 3 (I) (e) & (I) of the Prohibition of Trafficking in Persons Act, 2014 (Act 9 of 2014) read with Section 22 (a) of the Penal Code. The names of the complainants/victims are not disclosed in this sentencing order to protect their identies and dignity. Any mention of any co-accused in this sentencing order is incidental and is not evidence against that co-accused. The charges to which the Convict has pleaded guilty and has been convicted are: COUNT 1 Causing any person with the intent excuse or probable cause and containing threats or any one person without injury or detriment of any kind if the demand is not compiled with contrary to Section 284 of the Penal Code and punishable under the same Section, to extort, receive any writing demanding anythingfrom reasonable Particulars o[O(/ence J 20 years old, mechanical technician ofPetite Paris, Mahe, without S reasonable excuse sent in writing by way ofFacebook messages containing demands with threats to B N, in the month of June 2020 demanding her to send her indecent photographs and to have sexual acts with him to avoid the circulation of her indecent in social media, COUNT 2 Recruiting, harbouring, transferring and recelvlI1g a child. knowingly or recklessly disregarding that the person is a child, for the purpose of exploitation, whether or not by the use of force or other forms of means contrary to section 4 (1) read with section 3 (1) (e) & (f) of the Prohibition of Trafficking in Persons Act, 2014 (Act 9 of 2014) as read with Section 22 (a) of the Penal Code and punishable under section 4(1) of the Prohibition of Trafficking in Persons Act. Particulars o[Offence J 20 year old, mechanical S technician of Petite Paris, Mahe, together with SJB of Marie Jeanne Estate, Praslin, recruited and transferred a minor girl namely Mahe, age 17 years in the year 2019 from Mahe to Praslin, JGBT of the said JGET is a child for purpose of y disregarding that knowingly exploitation. COUNT 3 Statement o[O{fence transferring and receivtng Recruiting, harbouring, a child, knowingly or recklessly disregarding that the person is a child, for the purpose of exploitation contrary to Section 4 of the Prohibition of Trafficking in Persons Act, 2014, whether or not by the use of any means referred to in Section 3 (1) (a) to (g) of the Prohibition of Trafficking in Persons Act, 2014 (Act 9 of 201 4) and punishable under section 4(1) ofthe same Act. Particulars o[O{fence J 20 year old, mechanical S technician of Petite Paris, Mahe, recruited and transferred a minor girl namely JC, aged 15 years in the year 2015 date and month unknown to the Republic from Mahe to Praslin, knowingly and recklessly disregarding that the said J C is a child, for purpose ofexploitation. COUNT 4 Statement of Offence Having in possession of any indecent material/or the purposes ofor by way of trade orfor (a) of the Penal Code and public exhibition or distribution contrary to section J 52 (J) punishable under the same section J 52 (J) of the Penal Code. Particulars of Offence J 20 year old, mechanical technician ofPetite Paris, Mahe, wasfound in possession of indecent materials namely nude and sexually explicit photographs and video of DMB of , Mahe for the purposes afar by way of trade in the month of June 2020. COUNT 5 Statement of Offence Making andlor having in possession of any indecent materialfor the purposes of or by way of trade orfor public exhibition or distribution contrary to 152 (1) (a) as read with section 22 (a) of the Penal Code and punishable under the section 152 (1) a/the same Act. Particulars of Offence J 20 year old, mechanical technician of Petite Paris, Mahe, together S with LMC of Mahe, in 2019 date and month unknown to the Republic, made for the purposes of trade and public exhibition and distribution indecent materials namely . Mahe which 'werefound in possession of said nude photographs of SE ofA S in June 2020. J COUNT 6 Statement of Offence Recruiting, harbouring, transferring and recelvlI1g a child, knowingly or recklessly disregarding that the person is a child, for purpose of exploitation, whether or not by the use offorce or other forms of means contrary to section 4 (1) read with section 3(1)(e) & (f) of the Prohibition of Trafficking in Persons Act, 2014 (Act 9 of2014) and as read with Section 22 (a) of the Penal Code and punishable under section 4(1)of the same Act. Particulars ofOt[ence J 20 year old. mechanical S technician ofPetite Paris, Mahe, together with SJB of Marie Jeanne Estate, Praslin, recruited and transferred a minor girl namely Mahe, aged 17 years old, in the year 2018 date and month unknown to MKL of the Rep ahe to Praslin, knowingly and recklessly disregarding that the said MKL is a child, for the purpose ofexploitation. COUNT 1J Statement of Offence Recruiting, harbouring, transferring and recelvlI1g a child, knowingly or recklessly disregarding that the person is a child, for purpose ofexploitation contrary to Section 4 of the Prohibition of Trafficking in Persons Act, 20/4 whether or not by the use of any means referred to in Section 3 (1) (a) to (g) ofthe Prohibition ofTrafficking in Persons Act, 2014 (Act 9 of2014) and as read with Section 22 (a) of the Penal Code and punishable under section 4(1) of the same Act. Particulars ofO(fence ofPetite Paris, Mahe, on SJB ofMarie Jeanne Estate, Praslin together with S a date unknown in March 2019 recruited and transferredfrom Mahe to Praslin, a minor girl of 15 years old namely GCCP of Mahe, knowingly and recklessly disregarding that the said GCCP is a child, for purpose of exploitation namely photographing nude and sexually explicit pictures ofsaid GCC? J COUNT 14 Statement of Offence Carrying on or taking part materials and hiring a person/or Section 22 (a) of the Penal Code and punishable under the same section. in a business concerned with the making, producing indecent that purpose contrary to Section 152 (1) (c) as read with Particulars of Offence LMC of Anse Aux Pins, Mahe together with S were carrying on or taking part indecent materials and hiring a personfor of Petite Paris, in 2019 J in a business concerned with the making, producing that purpose namely SAM ofLes Mamelles. COUNT 16 Statement of Offence transferring and receivtng Recruiting, harbouring, CI child, knowingly or recklessly disregarding that het person is a child. for purpose ofexploitation, whether or not by the use offorce or other forms of means contrary to section 4 (1) of the Prohibition of Trafficking in Persons Act, 2014 (Act 9 of 2014) and as read with Section 22 (a) of the Penal Code and punishable under section 4(1) of the same Act. Particulars of Offence 20 year old, mechanical LMC of Anse Aux Pins, Mahe, technician of Petite Paris, Mahe, recruited a minor girl namely A V of Mahe age 14years old in the year 2017 date and month unknown to the Republic, knowingly and together with S J recklessly disregarding taking sexually that explicit or pornographic the said A V is a child, for purpose photograph of the said A V of exploitation by way of COUNT 17 Statement of Ofknce in (J business concerned with the making, producing of indecent Carrying on or taking part material by hiring a person for that purpose contrary 10 section 152(/)(c) read 'withSection 22(a) of the Penal Code and punishable under Section j 52(1) of the Penal Code. Particulars ofOtJence of Petite Paris, Mahe during the month of J AM of Belonie, Mahe together with September 20 j 9 at BeL Ombre, Mahe, carried on or taking part in a business concerning 'with the making, producing indecent material by hiring a person namely SED for that purpose. COUNT 18 Statement o[Offence Having in a person's possession of indecent material for the purposes or by way of trade contrary to section 152(1) (a) of the Penal Code and punishable there under the same act. Particulars of Offence J of Petite Paris in the month ofJune 2020 wasfound in possession of indecent material ofa person namely SED for the purposes or by way oftrade. COUNT 19 Statement o[O(fence Carrying on or taking part in a business concerned with the making, producing of indecent material by hiring a person for that purpose contrary to section 152(1) (c) read with section 22(a) of the Penal Code and punishable under Section 152(1) of the Penal Code. Particulars ofOft'ence JLM ofNorth East Point, Mahe, AM 0.1' Belonie, Mahe and of Petite Paris during the year 2019 at Providence, Mahe "lias carrying on or taking part in a business concerned with the making, producing of indecent material by hiring a person for such purpose namely SED. J COUNT 20 Statement ofO([ence Carrying on or taking part material by hiring a person/or 22 (a) of the Penal Code and punishable in a business concerned with the making, producing of indecent that purpose contrary to section] 52(1) (c) read with section under section 152(1) ofthe Penal Code. Particulars o{Otfence S Ombre, Mahe was carrying indecent material by hiring a person/or of Petite Paris together with AM of Belonie, Mahe during the year 2019 at Bel of for making, producing on or taking part in a business that purpose namely RLL. COUNT 21 Statement of Offence the purpose or by way of trade Having in a person's contrary to section 152(1) (a) of/he Penal Code and punishable there under the same act. possession 0/ indecent material/or Particulars ofO(fence J S material of a person namely RLL for the purpose or by way of trade. of Petite Paris in the month of June 2020 wasfound in possession of indecent COUNT 22 Statement of Offence Carrying on or taking part materials and hiring a person/or code and punishable under section J 52( 1) ofthe penal code. in a business concerned with making, producing indecent that purpose contrary to section 152(1) (c) of the penal Particulars ofO(fence S J on or taking part hiring as person/or and AM during the month of August 2019 at Bel Ombre, Mahe was carrying in a business concerned with making, producing indecent materials and that purpose namelv IJMP. COUNT 25 Statement of Offence Having in the person 'spossession of indecent materialsfor the purposes or by way oftrade or distribution to the public contrary to section 152(1) (a) and punishable under Section j 52 (1) of the penal code. Particulars of Offence J S on/he 20,hJune 2020 at Petit Paris, Mahe wasfound in possession of indecen1 materials namely topless pictures or photographs of BMP for the purposes or by way of trade or distribution to the public. COUNT 26 Statement of O[tence Carrying on or taking part materials and hiring a personfor code and punishable under section J 52(1) of the penal code. that purpose in a business concerned with the making, producing indecent contrary to section J 52(1) (c) of the penal Particulars ofO(fence S J on or taking part personfor that purpose namely KL. and AM during the month ofMarch 2020 at Bel Ombre, Mahe was carrying in a business concerned with making, producing materials and hiring a COUNT 27 Statement of Offence Having in possession of any indecent material jar the purpose of trade or for public exhibition or distribution contrary to section J 52(1) (a) of the Penal Code and punishable under the same section. Particulars of Offence J S on the 20117 June 202() at Petit Paris. Mahe, wasfound in possession indecent materials jar the purposes or by way of Irade or distribution to the public namely topless pictures or photographs ofKL. COUNT 28 Statement ofO[/ence transporting by means of deception or recelvzng another person or Recruiting, incentive or promise of award misrepresentation by words or conduct as to the financial for the Prohibition of Trafficking in Persons Act, 2014 (Act 9 of 2(14) as read with Section 22 (a) of the Penal Code and punishable under section 3(1) ofthe same Act. the purposes of exploitation, contrary to section 3 (1) (e) of Particulars o(Off'ence J ogether with AM on the 29,17June 2019 at Anse Aux Pins, Mahe wasfound to S be trafficking in person by using means of deception by promising to pay MM a sum of money namely 20.000 Seychelles Rupees in order 10 hale 10 lake nude photographs of the said MM. COUNT 30 Statement of O[[ence Carrying on or taking part in a business concerned with making, producing indecent materials and hiring a person for that purpose contrary to section 152(1) (c) as read with section 22(a) of the Penal Code and punishable under section 152(1) of the Penal Code. Particulars olO/fence J and AM on the 29,11 June 20 J 9 at Anse Aux Pins, Mahe were carrying or taking in a business concerned with the making, producing indecent materials and hiring a S part person for that purpose namely MM COUNT 31 Statement of offence Having in possession of any indecent material for the purpose of trade or for public exhibition or distribution contrary to Section 152(1) (a) of the Penal Code and punishable under the same section. Particulars ofOlfence J S materials namely nude photographs of MM for distribution to the public. on the 20lh June 2020 at Petit Paris, Mahe wasfound in possession of indecent trade or the purposes or by way of COUNT 35 Statement of Offence Carrying on or taking part materials and hiring a person/or code and punishable under section 152(1) of/he penal code. in a business concerned with the making, producing indecent that purpose contrary to section 152(1) (c) of the penal Particulars o[OU'ence S J on or taking part and hiring a personfor and AM on a date in the year 2019 at view point La Misere, Mahe was carrying in a business concerned with the making, producing indecent materials thatpurpose namely SK. COUNT 36 Statement of Offence Having in possession of any indecent material for the purpose of trade or for public exhibition or distribution contrary to section J 52(1) (a) of the Penal Code and punishable under the same section. Particulars of Offence J S materials namely topless photographs of SK for distribution to the public. on the 20,hJune 2020 at Petit Paris, Mahe wasfound in possession of indecent the purposes or by 'way trade or COUNT 37 Statement olOtfence transporting receiving Gino/her person by mean 0/ deception or Recruiting, or incentive or promise ofreward misrepresentation by words or conduct as to thefinancial (e) 0/ the Prohibition of for Trafficking in Persons Act, 2014 (Act 9 0/2014) as read with Section 22 (a) of the Penal Code and punishable under section 3(1) of the same Act. the purposes of exploitation, contrary to section 3(1) Particulars ofO[fence together with AM on dates unknown during the year 2019 at Espace building, S Mahe and at Betty's Bed-Sitters Anse Aux Pins Mahe recruited a person namely CR by means of deception by promising to pay her a sum of SCR 50,000 and took nude photographs of the said CR. COUNT 39 Statement olOffence Having in possession of any indecent material for the purpose of trade or for public exhibition or distribution contrary /0 section 152(1) (a) of the Penal Code and punishable under the same section. Particulars of Offence J S materials namely nude photographs of CR for distribution to the public on the 20lh June 2020 at Petit Paris, Mahe was found in possession of indecent trade or the purpose or by way of COUNT 41 Statement of Offence Having in possession of any indecent materialfor the purpose of"trade or for public exhibition or distribution contrary /0 sec/ion 152(1) (a) ofthe Penal Code and punishable under Section 152(1) ofthe Penal Code. Particulars of Offence J S indecent materials namely topless photographs ofKlifor or distribution to the public. on the 20,11June 2020 at Petite Paris, Mahe was found in possession 0/ the purposes or by way of trade COUNT 44 Statement of Offence Having in possession of any indecent material for the purpose of trade or for public exhibition or distribution contrary to section 152(1) (a) of the Penal Code and punishable under the same section. Particulars of Offence J S on the 201h June 2020 of Petite Paris, Mahe was fond in the possession of indecent materials namely topless photographs of JL for the purpose or by way of trade or distribution to the public. COUNT 49 Statement of Otlence Taking and having in possession of indecent photographs or pictures of a child without reasonable excuse contrary to section 152(1) (a) of the penal code and punishable under section 152(1) of the penal code. Particulars ofOtlence J S on a date in the year 2020, at Carana Beach, Mahe took indecent photographs or pictures of a child namely nude photographs or pictures of TE without reasonable excuse. COUNT 51 Statement of Offence For the purpose or by way of trade or distribution to the public having in the person's the penal code and possession indecent materials contrary to section 152(1)(a) of punishable under section 152(1) ofthe penal code. Particulars of Offence J on the zo» June 2020 at Petit Paris, Mahe was found in the possession of S indecent materials namely nude photographs or pictures of CPfor the purpose or by way of trade or distribution to the public. COUNT 52 Statement ofO(fence Recruiting, harbouring, a child, knowingly or recklessly disregarding that the person is a child. for purpose ofexploitation, whether or not by the use of force or other forms ofmeans contrary /0 section 4( J) read with section 3(1) (e) & transferring and recetvtng (f) of the Prohibition Section 22(a) of the Penal Code and punishable under section 4(1) of the same Act. in Persons Act, 2014 (Act 9 of2014) and as read with of Trafficking Particulars o(O(fence J and SJB 011a date unknown during the year 2018 recruited a child by taking S topless photographs of MB a girl of 16 years of age at several places on Praslin and by promising her a sum of money and paying her money. COUNT 54 Statement of Offence transporting by means of deception or receiving another person or Recruiting, incentive or promise of reward misrepresentation by words or conduct as to the financial .for the purposes of exploitation, contrary to section 3 (1) the Prohibition of Trafficking in Persons Act, 2014 (Act 9 0.f20 14) and punishable under section 3(1) of the same Act. (e) of Particulars ofO{lence J on a date in the year 2019 at Amitie, Mahe at the stadium was trafficking a S person namely VS by recruiting the said VS/C)/'rhe purpose oftaking topless pictures and by way of deception promised her a sum ofS; 'R 50.0UOand later SCR 75,000 in order to deceive her into taking the topless photographs or pictures. COUNT 56 Statement of Offence Child Trafficking contrary to Section 4 of the Trafficking in Person Act as read with Section 22 (a) of the Penal Code and punishable under Section 4 of the Prohibition of Trafficking in Persons Act. Particulars o[Of/ence J and SJB on a dare unknown to the Republic during the year 2019 at Baie St S Anne, Pra..din, trafficked a child namely NL ofl ?yew's of age , by recruiting and promising her a sum of SCR 8,000 and giving her alcohol in order to induce her to take nude photographs and pictures, knowingly and recklessly disregarding that the said NL is a child for purpose of exploitation. COUNT 57 Statement of Offence Recruiting, receiving another person or misrepresentation by words or conduct as to the financial transporting by means of deception or incentive or promise of reward the Prohibition of ./01' the purposes Trafficking in Persons Act, 20/4 (Act 9 of20J 4) as read with Section 22 (a) of the Penal Code and punishable under Section 3(1) ofthe same Act. to Section 3(/) of exploitation, contrary (e) of Particulars of Offence J SJB and S on a date unknown to the Republic in the year 2018 in an apartment in Praslin were trafficking a person namely KD by recruiting her by way ofdeception with a promise to pay her SCR 10,000 in order to take topless photographs or pictures of the said KD for the purpose of exploitation. COUNT 59 Statement of Offence Recruiting a child knowingly or recklessly disregarding that the person is a childfor the purpose 0./ exploitation by means 0./promising a sum of money contrary to Section 4 of the Prohibition of Trafficking in Persons Act as read with Section 22 (a) of the Penal Code and punishable under Section 4 ofthe Prohibition in Persons Act. Particulars ofOfJence 1J SJB and S on a date unknown to the Republic in the year 2018 at Anse Kerlan, Praslin recruited a child of 16 years of age namely CD knowingly or recklessly disregarding that the persons is a childfor the purpose 0.[ exploitation by promising her a sum 0./ money to take topless photograph 0./ the said CD in public place. COUNT 60 Statement of Offence Recruiting a child knowingly or recklessly disregarding that the person is a childfor the purpose of exploitation by means ofpromising a sum ofmoney contrary to Section 4 ofthe Prohibition of Trafficking in Persons Act as read with Section 22 (a) of the Penal Code and punishable under Section 4 of the Prohibition of Trafficking in Persons Act. Particulars ofOfj'ence J SJB and on a date unknown to the Republic in the year 2018 at Marie Jeanne Estate recruited a chiLdof 16years of age namely CD knowingly or recklessly disregarding that the person is a child for the purpose of exploitation by promising her a sum of money to take nude photographs of the said CD. COUNT 61 Statement u(Otj'ence Recruiting a child knowingly and recklessly disregarding that the person is a childfor the purpose ofexploitation by means of promising a sum of money contrary to Section 4 of the Prohibition of Trafficking in Persons Act as read with Section 22 (a) of the Penal Code and punishable under Section 4 of the Prohibition of Trafficking in Persons Act. Particulars o{O(jence J SJB and on dale unknown 10 the Republic in/he year 20/7 on Praslin recruited a child of 16years ofage namely SE knowingly or recklessly disregarding that the person is a child for the purpose of exploitation by promising her a sum of money to take topless photographs of the said SE. COUNT 63 Statement o{O[(ence Carrying or taking part in business concerned with the making, producing, hiring, distribution to the public 0.1indecent materials contrary to Section 152(1) (c) as read with Section 22(a) of the Penal Code and punishable under Section 152(1) of the said Act. Particulars o{Otlence J on a date unknown to the Republic in the year 2019 on Praslin, were VA and S carrying on or took part in a business concerned with the making, producing, hiring and distribution to the public or circulation of indecent materials whereby topless photographs o.lNA. [2] The Convict is now 21 years old and has no dependent. At the time of commission of these offences he was between 17 and 20 years old and lived with his grandparents. He has been co-operative with the investigations. He has pleaded guilty. Learned counsel for the Convict submitted that the Convict does realize that what he was involved in was bad and is very remorseful. He pleads for leniency and the mercy of the Court. [3] 1 have considered the mitigating factors put forth by learned counsel for the convict. recognise, amongst other aspects particular to the Convict that he is young and a chance for him to lead an honest and fruitful life lies ahead of him. He has not wasted the Court's time by pleading guilty and expressed his remorse. [4] On the other hand I note that the Convict is serving a sentence for similar offences committed during the same period that the current offences were committed. I also must take into account that the persons affected were minors albeit above the age of 15. It was not just one child but several children as the charges reflect. These children needed the protection of society and not exploitation for self-gratification or for enrichment by immoral and irresponsible adults. [5] The law. Section 1.52provides: 152. (1) A person who- the purposes or by way of trade or for (a) for the purpose of public exhibition or distribution to the public, makes, purchases, hires or has in the person's possession any indecent material; (aa) makes, indecent photograph, sketch, drawing or picture ofa child, takes or has in the person 'v possession without a reasonable excuse an the purposes or by way of (b) for the purpose of public exhibition or trade or for distribution to the public conveys, exports or imports, causes to be conveyed, exported or imported or puts in circulation any indecent material; (c) deals in indecent material or carries on or takes part in any business concerned with the making, producing, hiring, distribution to the public, export, import, public exhibition or circulation of any indecent material; (d) advertises or makes known by any means whatsoever with a view to assist distribution or circulation ofor traffic in any indecent material; in the (e) publicly sells or exposes for sale any indecent material; (f) exposes to view in a public place any indecent material; (jJ) willfully or negligently exhibits to a child any indecent material; in or assist in any capacity with the (g) publicly exhibits, appears, performs or takes part public exhibition of any indecent show, entertainment or representation or any show, entertainment or representation tending to corrupt morals, (h) publishes an indecent material, is guilty of an offence and liable to imprisonmentforfive years. [6] Section 284 provides: 284. Any person who, with intent to extort or gain anything from any person, and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of any injury or detriment other person, ofany kind to be caused to any person, either by the offender or any if the demand is not complied with, is guilty of a felony, and is liable to imprisonment/or eighteen years. [7] Section 3(1) of Prohibition of Trafficking in Persons Act provides: 3(1) A person who recruits, transports, transfers, harbours or receives another person by any of the following means.- (a) Threat,' (b) Use offorce: (c) Abduction,' (d) Fraud,' (e) Deception: including any misrepresentation by words orfinancial incentive or promise ofreward or gain and a/her conditions of work,' (f) Abuse of power or of another person's position of vulnerability,' or (g) Giving or receiving of payments or bene/its knowingly or intentionally, to achieve the consent of a person having control over another person, For the purpose of exploitation, commits the offence of trafficking in persons and shall on conviction be liable to imprisonment for a term not exceeding 14 years, or such imprisonment and afine not exceeding SCR500,OOO. [8] Section 4( 1) of Prohibition of Trafficking in Persons Act provides: 4(1) A person who recruits, harbours, transfers, receives a child, knowingly or recklessly disregarding that the person is a child, for the purposes of exploitation, whether or not by use of any means referred ti in section 3(J )(a) to (g) commits the offence of child trafficking and shall on conviction be liable to imprisonment for a term not exceeding 25 years or such imprisonment and afine not exceeding SCR800,OOO. [9] [have given careful consideration to the mitigating factors and also consider the seriousness of the offences. Offences committed against minor children are looked upon as especially serious. I keep in mind that in imposing sentences the Court should not only consider punishment and retribution but also allowing the convict the opportunity to return to society as a responsible citizen and reformed character. [10] I therefore impose the following sentences on the convict: COUNT 1 anything from Causing any person with the intent one person without threats or any injury or detriment of any kind if the demand is not compiled with contrary to Section 284 of the Penal Code and punishable receive any writing demanding cause and containing excuse or probable the same Section. reasonable to extort, under Seven (7) years imprisonment COUNT 2 transferring the person is a child, harbouring, that Recruiting, disregarding the use of force or other (e) & (f) of the Prohibition with Section 22 (a) of the Penal Code and punishable of Trafficking and receiving recklessly for the purpose of exploitation, whether or not by forms of means contrary to section 4 (1) read with section 3 (1) in Persons Act, 2014 (Act 9 of 2014) as read under section 4(1) of the Prohibition in Persons Act. of Trafficking knowingly a child, or Twelve (12) years imprisonment COUNT' 3 transferring harbouring, that Recruiting, disregarding 4 of the Prohibition means Act, 2014 (Act 9 of 20 14) and punishable the person is a child, of Trafficking and receiving for the purpose of exploitation recklessly contrary to Section in Persons Act, 2014, whether or not by the use of any in Persons of Trafficking under section 4( I) of the same Act. referred to in Section 3 (1) (a) to (g) of the Prohibition knowingly a child, or Twelve (12) years imprisonment COUNT 4 Having in possession public exhibition under punishable of any indecent material or distribution 152 (I) the same section 152 (1) ofthe Penal Code. to section contrary for the purposes of or by way of trade or for the Penal Code and (a) 01" Two (2) years imprisonment COUNT 5 Making and/or having in possession of trade or for public exhibition 22 (a) of the Penal Code and punishable ofany indecent material or distribution contrary to 152 (I) for the purposes of or by way (a) as read with section under the section 152 (I) of the same Act. Two (2) years imprisonment COUNT 6 transferring harbouring, that Recruiting, disregarding use of force or other (f) of the Prohibition Section 22 (a) of the Penal Code and punishable the person is a child, forms of means contrary to section 4 (I) of Trafficking in Persons Act, 2014 (Act 9 of2014) under section 4(I)ofthe and receiving a child, for purpose of exploitation, whether knowingly or recklessly or not by the read with section 3(1)(e) & and as read with same Act. Twelve (12) years imprisonment COUNT II transferring the person is a child, harbouring, that Recruiting, disregarding the Prohibition referred to in Section 3 (I) (a) to (g) of the Prohibition (Act 9 of 20 14) and as read with Section 22 (a) of the Penal Code and punishable section 4(1) of the same Act. recklessly or contrary to Section 4 of in Persons Act, 2014 whether or not by the use of any means in Persons Act, 2014 of Trafficking under and for purpose of exploitation of Trafficking knowingly receiving a child, Twelve (12) years imprisonment COUNT 14 Carrying materials Section 22 (a) of the Penal Code and punishable on or taking part and hiring a person for that purpose contrary to Section in a business under the same section, concerned with the making, producing 152 (I) indecent (c) as read with Two (2) years imprisonment COUNT 16 Recruiting, disregarding use of Trafficking Penal Code and punishable force or other transferring harbouring, that het person is a child, forms of means and recklessly IC)I' purpose of' exploitation, whether or not by the of 4 (I) of contrary in Persons Act, 2014 (Act 9 of 20 14) and as read with Section 22 (a) of the the Prohibition knowingly to section receiving a child, or under section 4(1) of the same Act. Twelve (12) years imprisonment COUNT 17 Carrying on or taking part of indecent material by hiring a person for that purpose contrary to section I52( I)(c) read with Section 22(a) of the Penal Code and pun ishable under Section 152( I) of the Penal Code. in a business concerned with the making, producing Two (2) years imprisonment COUNT 18 Having in a person's contrary to section possession or indecent material I 52( I) (a) of the Penal Code and punishable for the purposes or by way of trade the same act. there under Two (2) years imprisonment COUNT 19 of indecent Carrying on or taking part material by hiring a person for that purpose contrary to section 152( I) (c) read with section 22(a) of the Penal Code and punishable in a business concerned with the making, producing under Section 152(1) of the Penal Code. Two (2) years imprisonment COUNT 20 of indecent Carrying on or taking part material by hiring a person for that purpose contrary to section 152( I) (c) read with section 22 (a) of the Penal Code and punishable in a business concerned with the making, producing under section 152(1) of the Penal Code. Two (2) years imprisonment COUNT21 Having in a person's contrary to section possession of indecent material I 52( I) (a) of the Penal Code and punishable for the purpose or by way of trade the same act. there under Two (2) years imprisonment COUNT 22 Carrying materials code and punishable taking part on or and hiring a person for that purpose contrary to section concerned with making, in a business producing indecent (c) of the penal 152(1) under section 152(1) of the penal code. Two (2) years imprisonment COUNT 25 Having in the person's or distribution 152 (I) of the penal code. possession to the public contrary of indecent materials 152(1) to section for the purposes or by way of trade under Section (a) and punishable Two (2) years imprisonment COUNT 26 Carrying materials code and punishable on or taking part and hiring a person for that purpose contrary in a business concerned with the making, to section 152(1) producing indecent (c) of the penal under section 152(1) of the penal code. Two (2) years imprisonment COUNT 27 in possession Having exhibition or distribution under the same section. of any indecent material contrary to section for the purpose for public of 152( I) (a) of the Penal Code and punishable trade or Two (2) years imprisonment COUNT 28 Recruiting, misrepresentation for the purposes Trafficking Code and punishable transporting or by words or conduct of exploitation, receivmg another person as to the financial contrary to section by means incentive or of award of as read with Section 22 (a) of the Penal of or promise the Prohibition deception (e) of 3 (1) in Persons Act, 2014 (Act 9 of2014) under section 3( I) of the same Act. Six (6) years imprisonment COUNT 30 taking Carrying materials section 22(a) of the Penal Code and pun ishable under section on or and hiring a person for that purpose contrary in a business part concerned with making, to section producing indecent 152( I) (c) as read with 152( I) of the Penal Code. Two (2) years imprisonment COUNT 31 Having exhibition under in possession or distribution the same section. of any indecent material contrary to Section the purpose for public of 152( I) (a) of the Penal Code and punishable trade or for Two (2) years imprisonment . COUNT 35 Carrying materials code and punishable on or taking part and hiring a person for that purpose in a business under section 152(1) of the penal code. concerned with the making, producing contrary to section 152(1) indecent (c) of the penal Two (2) years imprisonment COUNT 36 in possession Having exhibition or distribution under the same section. of any indecent material contrary to section the purpose for public of 152( I) (a) of the Penal Code and punishable trade or for Two (2) years imprisonment COUNT 37 Recruiting, misrepresentation for Trafficking Code and punishable the purposes transporting receiving or by words or conduct of exploitation, another person as to the financial by mean or of incentive or promise of reward of 3( I) as read with Section 22 (a) of the Penal the Prohibition deception (e) of contrary to section in Persons Act, 2014 (Act 9 of2014) under section 3(1) of the same Act. Six (6) years imprisonment COUNT 39 in possession Having or distribution exhibition under the same section. of any indecent material for public contrary to section 152( I) (a) of the Penal Code and punishable the purpose trade or for of Two (2) years imprisonment COUNT 41 Having in possession of any indecent material for the purpose of trade or for public exhibition or distribution contrary to section 152( I) (a) of the Penal Code and punishable under Section 152( I) of the Penal Code. Two (2) years imprisonment . COUNT44 for the purpose of trade or for public Having in possession of any indecent material exhibition or distribution contrary to section 152( I) (a) of the Penal Code and punishable under the same section. Two (2) years imprisonment COUNT 49 Taking and having in possession reasonable section I 52( I) of the penal code. excuse contrary to section of indecent photographs I52( I) (a) of the penal code and punishable or pictures of' a child without under Two (2) years imprisonment COUNT 51 For possession punishable the purpose or by way of trade or distribution indecent materials under section 152(1) of the penal code. contrary to section to the public having in the person's and 152(1)( a) of the penal code Two (2) years imprisonment COUNT 52 transferring harbouring, that Recruiting, disregarding use of force or other (f) of the Prohibition Section 22(a) of the Penal Code and punishable and receiving recklessly for purpose of exploitation, whether or not by the forms of means contrary to section 4(1) read with section 3(1) (e) & in Persons Act, 2014 (Act 9 01'2014) and as read with of Trafficking under section 4(1) of the same Act. the person is a child, knowingly a child, or Twelve (12) years imprisonment COUNT 54 Recruiting, misrepresentation for the purposes Trafficking same Act. transporting receiving or by words or conduct of exploitation, contrary another person as to the financial in Persons Act, 2014 (Act 9 of2014) to section 3 (1) and punishable of deception by means or incentive or promise of reward the Prohibition of under section 3(1) of the (e) of Six (6) years imprisonment COUNT 56 Child Trafficking Section 22 (a) of the Penal Code and punishable Trafficking in Persons Act. contrary to Section 4 of the Trafficking under Section 4 of the Prohibition in Person Act as read with of Twelve (12) years imprisonment. COUNTS7 transporting Recruiting, misrepresentation the purposes for receiving or by words or conduct of exploitation, another person as to the financial contrary to Section of deception by means or incentive or promise of reward of 3(1) the Prohibition (e) of Trafficking Code and punishable under Section 3( I) of the same Act. in Persons Act, 2014 (Act 9 of2014) as read with Section 22 (a) of the Penal Six (6) years imprisonment COUNT 59 a child knowingly Recruiting purpose of exploitation the Prohibition and punishable of Trafficking under Section 4 of the Prohibition or recklessly by means of promising the person is a child for the a sum of money contrary to Section 4 of in Persons Act as read with Section 22 (a) of the Penal Code disregarding that in Persons Act. Twelve (12) years imprisonment. COUNT 60 a child knowingly Recruiting purpose of exploitation the Prohibition and punishable of Trafficking under Section 4 of the Prohibition or recklessly by means of promising the person is a child for the a sum of money contrary to Section 4 of in Persons Act as read with Section 22 (a) of the Penal Code disregarding that of Trafficking in Persons Act. Twelve (12) years imprisonment COUNT 61 a child knowingly Recruiting purpose of exploitation the Prohibition and punishable of Trafficking under Section 4 of the Prohibition by means of promising and recklessly disregarding the person is a child for the a sum of money contrary to Section 4 of in Persons Act as read with Section 22 (a) of the Penal Code that of Trafficking in Persons Act. Twelve (12) years imprisonment COUNT 63 or taking Carrying distribution to the public of indecent materials Section 22(a) of the Penal Code and punishable in business part concerned with the making, contrary to Section under Section producing, hiring, 152( I) (c) as read with 152(1) of the said Act. Two (2) years imprisonment [I I] The sentences for count I, (7 years), COUll ts 28, 37. 54 and 57 (6 years each) and counts 2,3,6, I I, 16,52,56,59,60 and 61 ( 12 years each) shall run concurrently with each other. Twelve years total. [12] The sentences for counts 4,5,14,17,18,19,20,21,22,25,26,27,30,31,35,36,39,41, 44, 49, 51 and 63 (2 years each) shall run concurrently with each other (two years total) but consecutive to the 12 years imposed for counts 1,28,37,54,57,2,3,6, II, 16,52,56, 59, 60 and 61. [13] The total time to serve shall be 12 years followed by 2 years. [14] Time spent on remand shall be counted as part ofthe sentence. [15] The convict can appeal the sentences within 30 working days. Signed, dated and delivered at Tie du Port on 11 June 2021. /' . G. Dodin Judge 23