Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions. All victims running away from the war in their country – Accused a first offender – Remorseful – Accused having testified in mitigation of sentence – Accused also testified about her ill health as a mitigating factor – Gravity of the offences and society’s legitimate interests far much outweigh the accused’s interests – A custodial sentence unavoidable under the circumstances.
Criminal procedure — Bail Appeal – Appellant represented – Partly viva voce then by way of affidavit – The use of affidavits reconfirmed – Respondent filed opposing affidavits – Appellant not truthful in giving his place of residence – Not in the interest of administration of justice and public interest to release on bail – No misdirections by magistrate – Appeal dismissed.