Rep v De Giorgio (CR 21/2018) [2020] SCSC 520 (15 June 2020)

IN THE SUPREME COURT OF SEYCHELLES REPUBLIC (rep. by Hemanth Kumar) And ABISON DE GIORGIO (rep. by Alexia Amesbury) Reportable [2020] scsc 3.1'r CR 211 2018 Prosecution Accused Neutral Citation: Republic v Abison De Giorgio (CS 21/2018) [2018] scsc 3l:1.. (10 June Before: Summary: Heard: Delivered: 2020). Vidot J Stealing by servant contrary to section 265 (a) Penal Code; the requisite mens rea 15 June 2020 15 June 2020 Sentence to 3 years imprisonment ORDER SENTENCE VIDOT J [I] The Accused is charged and convicted with the following offence; Stealing by servant contrary to and punishable to section 265 of the Penal Code. The Particulars are that during the period of 14thAugust 2017 and 08th February 2018, the Accused whilst being the Complaints and Communications Manager of the Anti Corruption Commission of Seychelles ("ACCS") stole a 16 GB Scandisk pen drive which contained photographs taken during a search at the Indian Ocean Tuna Ltd. [2] After the trial the Accused was convicted. Now Counsel for the Accused has in mitigation pleaded for the Court to exercise leniency toward her client when passing sentence. Counsel noted that the Accused who is already a convict in another case, is a 36 year old father of2 minor children. He is already serving a prison term an 8 year sentence. [3] I have considered all matters in mitigation. I note the age of the Accused and take cognisance that he is in the prime of his productive years where he should be working to maintain his children. Children are always affected when a parent is incarcerated. Therefore parents should ensure that they do not fall foul of law because to do so means that they are causing harm to the children. [4] I note the content of the pen drive and also the fact the Accused worked in a high office that should be characterised with integrity. The Accused was also a high ranking officer of that office. [5] In arriving at the sentence I have considered the principle of proportionality of the sentence. In the circumstances, I convict the Accused to 3 years imprisonment, which sentence shall run concurrent with the sentence he is currently serving. [6] If dissatisfied with the conviction and sentence the Accused has 30 days within which to file an appeal. Signed, dated and delivered at lie Du Port of this 15th day of June 2020 Vidot J 2