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

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

The court found that the accused, while serving as Complaints and Communications Manager at the Anti Corruption Commission of Seychelles, stole a pen drive containing sensitive photographs, breaching the trust inherent in his high office. The sentence of 3 years imprisonment was deemed proportionate, considering both the seriousness of the offence and the mitigating circumstances presented.

Citation
[2020] SCSC 520
Parties
Prosecution: Republic; Accused: Abison De Giorgio
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 June 2020
Case Number
CR 21/2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Stealing by Servant, Mens Rea, Sentencing
Source Language
English
Criminal Law Stealing by Servant Mens Rea Sentencing

Case Brief

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Parties

Republic

Prosecution

Abison De Giorgio

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused, as a servant, stole property belonging to his employer contrary to section 265 of the Penal Code
  2. 2 Appropriate sentence considering mitigation and proportionality

Ratio Decidendi

The court found that the accused, while serving as Complaints and Communications Manager at the Anti Corruption Commission of Seychelles, stole a pen drive containing sensitive photographs, breaching the trust inherent in his high office. The sentence of 3 years imprisonment was deemed proportionate, considering both the seriousness of the offence and the mitigating circumstances presented.

Court Disposition

Convicted and sentenced

Orders

  • Accused sentenced to 3 years imprisonment to run concurrently with existing sentence
  • Right of appeal within 30 days