R v De Silva (CO 33/2018) [2018] SCSC 8237 (26 July 2018)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 33/2018 [2018]SCSC qf)3 THE REPUBLIC versus MOTHOMMONI DE SILVA Accused Heard: Counsel: Mr Ananth, Assistant Principal State Counsel for the Republic Mr Chetty for the accused Delivered: --_._--------_ .._-- 27 July 2018 SENTENCE Dodin J [1] I have heard counsel in mitigation in this case. The Convict is 43 years old. He has three children 21, 16 and 11. He is the breadwinner of the family. He also has his parents depending on him. He is a first time offender. He has pleaded guilty and therefore the COUl1 does not have to go into a trial. [2] The maximum penalty for this offence is a fine of SR2.5 million. In the circumstances 1 will impose a fine of SR500,OOOon the Convict with the following conditions: (1) Should he pay the fine immediately then he is able to leave the jurisdiction. (2) Should he not be able to pay the fine then the vessel which is Nuwan Autha II shall be seized and sold and the proceedings of the sale shall go towards the payment of the fine. (3) Any equipment that fish or fish products shall be seized and forfeited to the Republic. is on the vessel that was on the vessel or that that has been used for fishing or any is still on the vessel (4) The Convict alternatively vessel is seized for sale. is free to leave the jurisdiction after payment of the fine or as soon as it is agreed that he cannot pay the fine and the [3] He can appeal against the conviction within 30 working days. Signed, dated and delivered at lie du Port on 27 July 2018 Judge of the Supreme Court 2