R v Asba (CO 35/2015)  SCSC 426 (17 June 2016);
IN THE SUPREME COURT OF SEYCHELLES
Criminal Side: CO 35/2015
 SCSC 426
Counsel: Mr Khalyaan, for the Republic
Mr Boniface for the accused
Delivered: 17 June 2016
 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.
 Learned Counsel has stated that he is remorseful and he has pleaded guilty but not wasted the Court’s time and expenses.
 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.
 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.
 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.
 He can appeal against the sentence within 30 working days.
 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
Judge of the Supreme Court