R v Banane (CO 47/2019) [2020] SCSC 610 (21 September 2020)

R v Banane (CO 47/2019) [2020] SCSC 610 (21 September 2020)

Given the accused's plea of guilt, first offender status, remorse, and willingness to compensate victims, a suspended custodial sentence with fines and compensation orders is appropriate rather than immediate imprisonment.

Citation
[2020] SCSC 610
Parties
Prosecutor: The Republic; Accused: Jane Banane
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 September 2020
Case Number
CO 47/2019
Procedural Posture
Criminal / Sentencing After Conviction on Plea of Guilt
Outcome
Convicted on plea of guilt; sentenced to four suspended terms of one year imprisonment, fines, and compensation orders.
Legal Topics
False Pretence, Fraud, Sentencing, Compensation
Source Language
English
Criminal Law False Pretence Fraud Sentencing Compensation

Case Brief

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Parties

The Republic

Prosecutor

Jane Banane

Accused

Procedural Posture

Criminal / Sentencing After Conviction on Plea of Guilt

Legal Issues

  1. 1 Appropriate sentence for obtaining money by false pretence under section 297 of the Penal Code
  2. 2 Whether to impose custodial or suspended sentence
  3. 3 Compensation to victims under section 151(b) of the Criminal Procedure Code

Ratio Decidendi

Given the accused's plea of guilt, first offender status, remorse, and willingness to compensate victims, a suspended custodial sentence with fines and compensation orders is appropriate rather than immediate imprisonment.

Court Disposition

Convicted on plea of guilt; sentenced to four suspended terms of one year imprisonment, fines, and compensation orders.

Orders

  • Count 1: 1 year imprisonment suspended for 2 years, fine of SCR 25,000, SCR 18,000 to Richard Kilindo as compensation.
  • Count 2: 1 year imprisonment suspended for 2 years, fine of SCR 20,000, SCR 15,000 to Nerrick Dugasse as compensation.