R v Brenda Antoine & Anor (CR 19 of 2024) [2024] SCSC 122 (27 June 2024)

G. DODIN, J

1. The convicts, Brenda Harry Antoine and Trevis Derick Antoine stand convicted on their own guilty pleas to one count of trafficking in 47.15 grams of cannabis resin, one count of permitting their premises to be used for the purpose of trafficking in 47.15 grams of cannabis resin; one count of permitting their premises to be used for the purpose of the use of a controlled drug by reason of having in their possession paraphernalia with traces of heroin (diamorphine) and cannabis resin on them, and one count of possession of articles intend to facilitate the use of controlled drug also with reference to certain paraphernalia that can be used to facilitate the use of heroin (diamorphine) and/or cannabis resin. The convicts were apprehended on the 25^th day of March 2024 at their residence of Anse Aux Pins. They were remanded into custody until they were released on bail by this court on the 25^th April 2024.
2. Learned counsel for the convicts moved the count in mitigation to be lenient and not to impose prison sentences considering that the convicts have pleaded guilty and saved the court’s time and expenses of a trial. The drugs are also on the minimal side being 47.17 grams of class B drug and traces of heroin. The 1^st convict is a first offender whilst the 2^nd convict has previous convictions for similar offences dated 2021 for which the court imposed fines and a sentence of 3 months imprisonment. Learned counsel also informed the court that the 2^nd convict has been a habitual user of cannabis resin although admittedly the amount found on his premises exceeds the minimum allowable weight.
3. I have given careful consideration to the mitigating factors and I also considered possible aggravating factors which appear to show that there may have been trafficking and usage of drugs on the convict’s premises but there were only traces at the time of their apprehension. Hence, I cannot determine with certainty the amount of illegal controlled drugs that may have been in their premises or passed through their premises. Having considered all the above factors, I find it appropriate to impose the following sentences on their convicts.

Count 1

Trafficking in a controlled drug by having been found in unlawful possession of 47.15 grams of cannabis resin.

1^st convict Brenda Antoine - a fine of SCR10, 000.

2^nd convict Travis Antoine, 1 year imprisonment.

Count 2

Permitting their premises to be used for the purpose of trafficking in a controlled drug (cannabis resin).

1^st convict – a fine of SCR 5000

2^nd convict – a fine of SCR 5000

Count 3

Permitting their premises to be used for the purpose of trafficking in a controlled drug based on the finding of traces of heroin (diamorphine and cannabis resin).

1^st convict – a fine of SCR 5000

2^nd convict – a fine of SCR 5000

Count 4

Possession of articles intended to facilitate the use of controlled drugs.

1^st convict – a fine of SCR 5000

2^nd Convict – a fine of SCR 5000

FURTHER ORDERS

1. In respect of the 2^nd convict and count 1, the time spent on remand shall form part of the sentence and he shall be entitled to remission.
2. The fines to be paid by the 2^nd convict shall be paid after his release from prison whereby he shall have 6 months to pay – in default 6 months imprisonment.
3. The fines to be paid by the 1^st convict shall be paid within 6 months failing which she shall serve 6 months in imprisonment for default.

They can appeal the sentences with 30 working days;

FURTHER ADDITIONAL ORDER

1. The cash bail deposited in court by both convicts shall be paid towards the fines of 1^st convict – the remainder to be returned to 1^st convict.

Signed, dated and delivered at Ile du Port on 27^th June 2024

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G. Dodin, J