Republic v Figaro (CO 88 of 2023) [2024] SCSC 102 (21 June 2024)

G. Dodin, Judge.

[1] I have considered the mitigation. The convict is 34 years old. He is a first offender and he has pleaded guilty, he did not waste the Court’s time and expenses for trial. He is the father of one child and they are expecting another child. He works as a Gardner and he is in gainful employment therefore Counsel moved the court for leniency.

[2] I have considered the mitigating factors, I have also considered whether there are any other aggravating factors. I do not find much except that some of the plants were just about 2 meters high and there is no indication as to whether they were for his own consumption or not.

[3] In the circumstances, I will not impose a sentence of imprisonment. However, I will impose a one year sentence which would be suspended for two years. So he will not have to go to Prison right away on condition that he does not commit any similar offence during the period of the suspended sentence.

[4] In addition, I impose a fine of SR15, 000. He is given 6 months to pay the fine. He can pay by instalments. In default after 6 months, if he has not concluded the payment, a sentence of six months imprisonment will be imposed.

[5] He can appeal the sentence within 30 working days.


Signed, dated and delivered at Ile du Port 21st June 2024.



Dodin J




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