IN THE SUPREME COURT OF SEYCHELLES
Criminal Side: CO 35/2015
[2016] SCSC 426
THE REPUBLIC
versus
SELWYN ASBA
Heard:
Counsel: Mr Khalyaan, for the Republic
Mr Boniface for the accused
Delivered: 17 June 2016
SENTENCE
Dodin J
[1] I have taken note of the mitigating factors. The convict is 34 years he is self employed as a farmer. He has 5 children all under age.
[2] Learned Counsel has stated that he is remorseful and he has pleaded guilty but not wasted the Court’s time and expenses.
[3] Counsel has to moved the Court to show leniency and I note also that this was plea bargain case with the Attorney General’s office. I note also that he is a first offender and the drugs are Class B drugs and not on the high side only 51.16 grams.
[4] I have taken note of all that I do not believe a sentence of imprisonment in this case is necessary. As indicated I shall impose a fine and I impose a fine SR 15,000 on the convict.
[5] He must pay the fine within 6 months of today. He can pay by installments and if he defaults after 6 months the case will be called and then a sentence of imprisonment will be imposed.
[6] He can appeal against the sentence within 30 working days.
[7] I make further order that the cash bail of SR 12,000 be released to the convict.
Signed, dated and delivered at Ile du Port on 17 June 2016
G Dodin
Judge of the Supreme Court