SUPREMECOURT OF SEYCHELLES
Reportable
CO 53/2020
In the matter between
THE REPUBLIC Applicant
(rep. by Ms Benoiton)
and
Dereck Egbert Samson Accused
(rep. N Gabriel)
Neutral Citation: R v Samson (CO 53/2020) [2020] SCSC501 (28 July 2020).
Before: Govinden J
Summary: Trafficking and Possession of drugs - Guilty Plea - Minimum sentences for 1st offender.
Heard: 28th July 2020 2019
Delivered: 28th July 2020
ORDER
Sentence for Trafficking in small amount of heroin (Diamorphine), 1 year suspended for 3, plus fine of Rs10000.
SENTENCE
GOVINDEN J
I have heard Counsel in mitigation. The convict is a 42-year-old man. He has pleaded guilty. He has saved the Court's time and expenses of a trial and he is a first offender.
As regards to the amount of controlled drug, it is on the low side. Although, being a class A drug, it is only 59% purity with a net weight of 2.07 grams.
Having considered all the circumstances I can see no aggravating factors in this case. So I do not find any reason to commit the accused to imprisonment at this stage.
I will impose the following sentence on the convict.
I impose a sentence of one-year imprisonment which I shall suspend for three years with the condition that he does not commit any similar offense for a period of three years, otherwise the sentence of one year will be activated. I further in addition impose a fine of Ten Thousand Rupees.
I will give the convict 6 months from today to pay his fine.
He can appeal against the sentence within 30 working days.
Signed, dated and delivered at Ile du Port on 28th July 2020.
___________
Govinden J
2
Cited documents 1
Judgment 1
1. | Confait & Anor v Port-Louis & Anor (MA 06/2020 (arising out of CS 06/2016)) [2020] SCSC 501 (14 May 2020) | 3 citations |