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

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

A fine of SR500,000 is imposed considering the convict's status as a first time offender, his family responsibilities, and his guilty plea, with alternative measures for non-payment including seizure and sale of the vessel and forfeiture of equipment.

Citation
[2018] SCSC 8237
Parties
Prosecutor: The Republic; Accused: Mothommoni De Silva
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 July 2018
Case Number
CO 33/2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and fined
Legal Topics
Sentencing, Fishing Offences, Forfeiture
Source Language
English
Criminal Law Sentencing Fishing Offences Forfeiture

Case Brief

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Parties

The Republic

Prosecutor

Mothommoni De Silva

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for first time offender convicted of fishing offence

Ratio Decidendi

A fine of SR500,000 is imposed considering the convict's status as a first time offender, his family responsibilities, and his guilty plea, with alternative measures for non-payment including seizure and sale of the vessel and forfeiture of equipment.

Court Disposition

convicted and fined

Orders

  • The convict is fined SR500,000.
  • If the fine is paid immediately, the convict may leave the jurisdiction.