Republic v Souris (119 of 2003) [2007] SCSC 108 (14 October 2007)
The accused's guilty plea, remorse, and mitigating circumstances were considered, but the seriousness of arson required a custodial sentence. The accused was sentenced to four years in prison, with time served on remand to be deducted.
Source-derived case information.
- Citation
- [2007] SCSC 108
- Parties
- Prosecutor: Republic; Accused: Jeffrey Souris
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 14 October 2007
- Case Number
- 119 of 2003
- Procedural Posture
- Criminal / Sentencing
- Outcome
- conviction and custodial sentence
- Legal Topics
- Arson, Sentencing, Mitigation
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Jeffrey Souris
Accused
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Appropriate sentence for arson under Section 318 of the Penal Code
Ratio Decidendi
The accused's guilty plea, remorse, and mitigating circumstances were considered, but the seriousness of arson required a custodial sentence. The accused was sentenced to four years in prison, with time served on remand to be deducted.
Court Disposition
conviction and custodial sentence
Orders
- The accused shall serve four years in prison.
- Time served on remand shall count towards the sentence.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES THE REPUBLIC VS. JEFFREY SOURIS (Accused) Mr. Govinden for the Republic Mr. Juliette for the Accused SENTENCE Gaswaga, J Criminal Side No. 119 of 2003 The accused, now convict, has been charged with the offence of arson contrary to Section 318 of the Penal Code, Cap 158. The particulars alleged that Jeffrey Souris on the 18th day of December, 2003 willfully and unlawfully set fire to a house belonging to Lise Louange. The accused has tendered a guilty plea thereby showing remorse and he is accordingly credited for saving the precious time of the Court. No doubt, this is a serious offence that led to destruction of property and calls for a serious sentence. The Court has once again considered the mitigation presented by Mr. Juliette on behalf of the convict especially that the convict and the victim had been in concubinage for six years during which period the two had problems from time to time mostly based on the allegation that the victim was bringing other lovers in the house where they lived. Further, that this caused the convict jealousy who on the material day was even drunk. Be that as it may the convict, a father of three, and first offender regrets the incident. It is the duty of this Court in these circumstances to find a suitable sentence for the convict. The convict shall therefore serve a period of four years in prison. The period he has so far spent in prison on remand shall count towards the said sentence. Right of appeal against sentence is explained to the convict. D. GASWAGA JUDGE Dated this 15th day of October, 2007.