R v Cesar (CO 60/2016) [2017] SCSC 885 (02 October 2017);

Headnote and Holding: 

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side: CO 60/2016

[2017] SCSC 885


THE REPUBLIC

versus

ANDY VIRAL CESAR

Accused


Heard:                       

Counsel:                    Mrs Ebrahim, State Counsel for the Republic

                                 Mr Bonte for the accused

Delivered:                   2 October 2017


SENTENCE


Dodin J

[1]        I have heard the mitigation of counsel for the Convict.  He is 49 years old, he is a first offender. He pleaded guilty, saved the Court’s time and expenses of a trial. He is remorseful and he is currently under detoxification program. He is a drug user. He has been there for the last 30 days.

[2]        I shall not impose a prison sentence on you but I will impose the following:

-     1 year sentence of imprisonment which I shall suspend for two years with conditions that you do not commit any similar offence during the term of the suspended sentence otherwise I will activate it.

-     And secondly that you keep on the detoxification program to its completion.

-     I also impose in addition to the suspended sentence a fine of SR5,000 which you have to pay within 6 months of today. You can pay by instalments but you must complete it within 6 months. If you default then again after this 6 months I will activate the sentence of imprisonment.

[3]        You can appeal again the sentence within 30 working days of today.

 

Signed, dated and delivered at Ile du Port on 2 October 2017

 

G Dodin

Judge of the Supreme Court