R v Figaro (CO 30/2017) [2018] SCSC 718 (26 July 2018);



Criminal Side: CO 30/2017


       [2018] SCSC 718







Counsel:                      Ms Rongmei, Assistant Principal State Counsel for the Republic

                                    Mr Andre for the accused

Delivered:                   26 July 2018



Dodin J


[1]       I have heard counsel in Mitigation. The convict is 45 years old, mother of 5 children, two are under age. She is a sole breadwinner as the father of her two young children has passed away. I know that in this case there was no weapon involved and no actual physical assault or use of force in case CR 30 of 2017. In CR 31 of 2017 also similar, mostly words were used and the tugging of the bag which was eventually returned. I see that as a misguided attempt to help somebody but this should not be done when the NDEA is performing its duties.

[2]       In terms of Sentence I note that the provision of Section 16(6) was meant for really serious offences, not minor skirmishes like in this case. Last week there was a case of The Republic v Theophane Figaro and only a fine of SR2,000 was imposed also even if he was carrying a knife at the time. My view in the future is that these small cases should go before the Magistrate’s Court and not before the Supreme Court.

[3]       In the circumstances of this case in CR 30 of 2017, I would also impose a fine of SR2,000 and in CR 31 of 2017 also a fine of SR2,000. I would give the convict 6 months to pay the fine. In default, in each case she shall be committed for 6 months imprisonment.

[4]       She can appeal against the Sentences in either case within 30 working days.


Signed, dated and delivered at Ile du Port on 26 July 2018

G Dodin

Judge of the Supreme Court