The Republic v Matombe (CO 50 of 2017) [2018] SCSC 364 (5 April 2018)



Criminal Side:  50/2017

 [2018] SCSC 364













Counsel:                      Mr John,  for the Republic

                                    Mr Chang-Leng for the  accused

 Delivered:                   5 April 2018



[1]        I have heard counsel in mitigation. The Convict is 27 years of old father of one minor child of 11                  years. He has pleaded guilty at first opportunity and saved the Court’s time and expenses of a                    trial. He is gainfully employed. He is also a first offender and shown remorse.

[2]        I have considered the factors related to the case. There are no aggravating factors. The amount of              the drugs are on the low side that is 0.64 grams of Heroin Diamorphine and 2.96 grams of                          Cannabis herbal material.

[3]        So a custodial sentence in this case is not necessary. So I will impose a noncustodial sentences                  for both counts.

           (1)  On Count 2 that is the possession of 0.64 grams of Heroin Diamorphine I imposed a sentence                    of Rs10,000.

           (2)  Count 4 possession of 2.94 grams of Cannabis herbal materials I impose a sentence of                                Rs8000 fine. The total is Rs18,000.

[4]        I will give the Convict 6 months to pay. He can pay by instalments if necessary.

[5]        I also order that the amount of money that of Rs4636.25 is forfeited to the Republic.

[6]        He can appeal against the sentence within 30 working days of today. In default if he has not paid                the within 6 months a sentence of 6 months imprisonment will be activated.



Signed, dated and delivered at Ile du Port on 5 April 2018


G Dodin

Judge of the Supreme Court


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