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Court name
Supreme Court
Case number
CO 47 of 2021
Counsel for plantiff

R v Cesar (CO 47 of 2021) [2021] SCSC 507 (23 July 2021);

Media neutral citation
[2021] SCSC 507
Counsel for defendant
Dodin J


This is the sentence after mitigation.  Learned counsel for the convict has told the Court that the convict is 25 years old.  He is a first offender.  He is the father of a two year old boy and he is living with his partner, the mother of his son and his mother at Beoliere.
He has pleaded guilty and has not wasted the Court’s time and the amount of drugs is on the low side being 1st Count, 2.2 grams of Cannabis Raisin and 2nd Count 34.07 grams of Cannabis Herbal Material and they are both Class B drugs.  Learned Counsel moves for leniency.
I have considered the mitigating factors and I do not see any aggravating factor in this case.  So I take the view that a sentence of imprisonment is not called for in this case.  So I impose the following sentences;


For Count 1, a fine of Rs7000/-.
On Count 2, one year imprisonment, which is suspended for two years with condition that the convict does not commit any similar offense during that period of two years in addition to a fine of Rs10, 000/- because he was charged in this count with intention to traffic.

4. So the total fine would be Rs17, 000/-.  He must pay the fine within 6 months of today and he can pay by instalments provided he concludes payments within six months. Any default of payment after six months, he would be committed to serve a term of six months imprisonment.
Signed, dated and delivered at Ile du Port on 23rd July 2021
G. Dodin