R v Samson (CO 53/2020) [2020] SCSC 570 (28 July 2020)

SUPREMECOURT OF SEYCHELLES

Reportable

[2020] SCSC 501

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 1^st offender.

Heard: 28^th July 2020 2019

Delivered: 28^th July 2020

ORDER

Sentence for Trafficking in small amount of heroin (Diamorphine), 1 year suspended for 3, plus fine of Rs10000.

SENTENCE

GOVINDEN J

1. 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.

2. 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.

3. 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.

4. I will impose the following sentence on the convict.

5. 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.

1. I will give the convict 6 months from today to pay his fine.

2. He can appeal against the sentence within 30 working days.

Signed, dated and delivered at Ile du Port on 28^th July 2020.

___________

Govinden J