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

Flynote: 

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

 

 

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Dodin J

Judge of the Supreme Court