R v Omath (CR 89 of 2021) [2023] SCSC 790 (9 November 2023)


  1. The convict is a first offender. He is 41 years old, a Fisherman, he lays fish traps and he also makes them. He has pleaded guilty and not wasted the Court’s time and expenses a trial and the counsel has stated he has shown remorse, the drugs are not on the high side.

  2. Count 2 is 2.9 grams purity of a class A drug and count 3 is class B drug, 10.34 grams. I don’t see any commercial value in there and I do not see of any aggravating factors. For this reason I will not impose a sentence of imprisonment.

  3. I will impose the following sentence for count 2; 6 months imprisonment but suspended for one year plus fine of SCR 10,000 to be paid in 6 months. He can pay by instalments and he must not commit any similar offence during a period of one year and the sentence is suspended.

  4. For count 3, a fine of SCR 5000 also to be paid in 6 months. He can pay by instalments and if he default any of the two sentences that is after 6 months if he has not paid, he will be then committed for the 6 months imprisonment.

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

Signed, dated and delivered at Ile du Port on 09 November 2023.


Dodin J

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