R v Sirame & David (CO 32/2020) [2021] SCSC (15 November 2021);
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DODIN J
- I have heard Counsel in mitigation.
- Counsel has given a summary of how his life has worked out and how he is in this situation at this stage.
- He is now 27 years old, he has a daughter who is 7 years.
- As being indicated much of his past years, recent years he has spent in prison for one offence or the other.
- 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.
- He is also on work programme with PUC where his performance is considered to be satisfactory and he has got a good attitude.
- He is currently serving a sentence of imprisonment for manslaughter.
- This offence here that we are considering was committed before he was convicted for manslaughter.
- 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.
- However the offence that he has been convicted of under the law is quite serious.
- 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.
- Every victim of crime thinks that the crime is very serious because nobody wants to be a victim of crime.
- 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.
- 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
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Dodin J
Judge of the Supreme Court