R v Asba (CO 35/2015) [2016] SCSC 426 (17 June 2016);

 

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