R v Lenclume (CO 44/2019) [2022] SCSC 1086 (14 March 2022)

SUPREME COURT OF SEYCHELLES

 

Reportable

[2022] SCSC

CO 44/2019

 

 

In the matter between:

THE REPUBLIC Republic

(rep. by Mrs Leste )

 

and

 

MICA LENCLUME Accused

(rep. by Ms Ramruchaya and Ms Barbe)

 

Neutral Citation: Republic v Lenclume (CO 44/2019) [2022] SCSC (14th March 2022)

Before: Burhan J

Heard: 21 February 2021

Delivered: 14th March 2022

ORDER

 

I proceed to sentence the convict Mica Lenclume follows:

Count 1 to a term of six months imprisonment.

Count 2 to a term of six months imprisonment.

Considering the circumstances peculiar to this case, I make order the sentence of six months imprisonment in each count run concurrently. I make further order that the sentence of six months imprisonment be suspended for a period of two years. Nature of suspended sentence explained to the convict.

 

 

SENTENCE

 

 

BURHAN J

1. The convict Mica Lenclume was convicted on her own plea of guilt for the following offences;

Count 1

Possession with intent to trafficking in a controlled drug contrary to Section 9 (1) read with Section 19 (1) (c) of the Misuse of Drugs Act, 2016 and punishable under Section 7 (1) and Second Schedule of the Misuse of Drug Act 2016.

Count 2

Possession of a controlled drug contrary to Section 8 (1) of the Misuse of Drugs Act, 2016 and punishable under the second schedule of the Misuse of Drugs Act, 2016.

2. The controlled drug in relation to Count 1 is heroin having a net weight of 4.94 grams (purity 0.88grams) and the controlled drug in relation to Count 2 is heroin with a net weight 1.17 grams.

3. At the request of learned Counsel who appeared for the convict a probation report was called prior to sentencing the convict. According to the report the convict is 47 years of age and the mother of five children. Only two children are surviving aged 27 and 10 years. It is apparent from the medical report that she had lost three children due to a medical condition. According to the report she had been given the drugs as a payment for money owed to her. According to her son, his mother was in need of the money, otherwise she would never have put herself to risk as she is very close to his little brother. The probation report recommends that the Court consider the circumstances of the convict and impose a suspended sentence on her together with a fine.

4. Learned Counsel Ms Ramruchaya and Ms Barbe made submissions in mitigation and relied heavily on the facts set out in the probation report. It was brought to the attention of court that even though the controlled drug was heroin, the pure quantity was 0.88 in Count 1 and in Count 2, the net weight that was 1.17 grams and the prosecution had failed to set out the pure quantity. It was the contention of learned Counsel that given the percentage purity content set out in Count 1, the purity content in the 2nd Count would be even less than that mentioned in Count 1 as the net weight in Count 2 (1.17 grams) which was very much less than the net weight in Count 1 (4.94) grams. Both learned Counsel moved that Court be lenient on the convict and tendered the following cases to support their contention that a suspended sentence be given, R v Stanio Francoise [2021] SCSC 114, R v Nathalie Andy [2021] SCSC 64, R v Pamela Cadeau [2020] SCSC 959.

5. I have considered the circumstances before me. The accused has pleaded guilty without wasting the time of Court and thereby expressed remorse and regret at what she has done. Despite the fact the case could not be concluded during the one year period, the convict pleaded guilty which is appreciated by Court thereby saving the precious time of Court and witnesses and the related expenditure in respect of a long drawn out trial.

6. Giving due consideration to all these facts, I proceed to sentence the convict Mica Lenclume follows:

Count 1 to a term of six months imprisonment.

Count 2 to a term of six months imprisonment.

7. Considering the circumstances peculiar to this case, I make order the sentence of six months imprisonment in each count run concurrently. I make further order that the sentence of six months imprisonment in both Counts be suspended for a period of two years. Nature of suspended sentence explained to the convict.

8. Right of appeal explained.

 

Signed, dated and delivered at Ile du Port on 14th March 2022.

 

 

____________

M Burhan J