Hassen Eid -En Rummun v The State of Mauritius (Mauritius)

[2013] UKPC 6
Privy Council Appeal No 0033 of 2012

JUDGMENT

Hassen Eid-En Rummun (Appellant) v The State of Mauritius (Respondent)

From the Supreme Court of Mauritius

before

Lord Hope
Lord Kerr
Lord Reed

JUDGMENT DELIVERED BY

LORD KERR

ON

7 February 2013

Heard on 12 December 2012

Appellant
S Kailash Trilochun
(Instructed by Roshan Rajroop)

Respondent
Geoffrey Cox QC
(Instructed by Royds Solicitors LLP)

LORD KERR:

Following a trial before a magistrate of the Intermediate Court of Mauritius, Mrs V Phoolchund-Bhadain, Hassen Eid En Rummun was found guilty on 9 October 2009 of the offence of larceny while armed with an offensive weapon. On 5 November 2009 he and three co-accused who had pleaded guilty earlier received sentences of imprisonment. The three co-accused were Lall Sujore, Beny Lutchoomun and Deojit Vallacanna Beeharry. They had entered pleas of guilty on 27 November 2008. In the case of Beeharry the plea was to the offence of aiding and abetting the commission of larceny. All other accused, including the appellant, were either convicted or pleaded guilty to the offence of larceny with an offensive weapon.

In sentencing the accused, the magistrate said that they had each taken part in a "well planned plot" to commit the offence. On 30 December 1999, in a car hired for the purpose, they had followed the victim from his business premises. When he had brought his car to a halt, they approached it wearing masks. Some of the offenders were carrying sabres. The appellant, Rummun, was one of these. Threats were made to the victim, including that he would be killed if he did not hand over the takings from that day's business. The windscreen of his car was smashed by the defendant, Lutchoomun, wielding a piece of wood. Some 800,000 Mauritian rupees (approximately £17,000) were handed over. The proceeds of the crime were divided up between the defendants. Most of the proceeds were not recovered.

The appellant was arrested on 2 February 2000 and cautioned for the offence. He and his three co-accused confessed to the crime on that date. Rummun appeared before the Intermediate Court of Mauritius on 15 July 2002 and his trial was postponed on many occasions until, finally, it took place in September 2009. It appears that the basis of the defence was that Rummun had not participated in the offence as a principal but merely as a secondary participant. On the hearing of the appeal before the Board, Mr Trilochun, who appeared on his behalf but not in the proceedings below, wisely accepted that, in light of Rummun's confession and what was established about the manner of his participation in the offence, this defence was non-viable.

When she came to sentence the defendants in November 2009, the magistrate said that she took into account that the offence was committed in 1999. But her sentencing remarks then continued as follows:

"However, the delay in disposing of this matter is largely attributable to the defence. True it is that since that time,…

JUDGMENT