Supreme Court of Mauritius, 8 juin 2020, 2020 PL2 49 – Pce v Juliette

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Pce v Juliette

2020 PL2 49

POLICE v JULIETTE Jhamel Benji

CN:7761/19 IN THE DISTRICT COURT OF PORT LOUIS (2nd Division) In the matter of:

POLICE V JULIETTE Jhamel Benji JUDGMENT

Accused stands charged with the offence of (I) Aiding and abetting in the commission of a crime in breach of Section 38(3), 301(1), 305(1)( C) of the Criminal Code.

Accused pleaded not guilty and was not represented during trial

Prosecution called witness no.1, Pc Ramgolam, who read and produced defence statement of the accused, marked as Doc A.

The case was then closed for the Prosecution.

The accused was informed of his Constitutional rights and elected to testify under oath. The accused stated he was helping out.

The accused was cross-examined.

The Court has given due consideration to the evidence on record. Section 38(3) of the Criminal Code reads as follows: “(3)Any person who knowingly aids and abets the author of any crime or misdemeanour in the means of preparing, facilitating or perpetrating the crime or misdemeanour, shall be deemed an accomplice, without prejudice to the punishments specially provided by law against the authors of plots or of instigations to offences affecting the internal or external safety of the State, even in cases where the crime which was the object of the conspirators or instigators has not been committed.”

Given the accused confessed in his statement, the Court finds no reason not to give credit to same. Accordingly, the Prosecution having proven its case beyond reasonable doubt, Court finds the accused guilty as charged.

Mrs Manjula Kumari Boojharut (District Magistrate) Delivered on 08 June 2020