R v Madeleine (CO 4 of 2023) [2024] SCSC 21 (16 February 2024)

SENTENCE

Dodin J

1. The Convict Denis Angelin Madeleine stands convicted on his own guilty plea to one count of possession of a controlled drug with intent to traffic contrary to Section 9 (1) of the Misuse of Drugs Act 2016, read with Section 7 (1) and Section 19 (1) and the 2^nd schedule of the same Act. The amount and type of drugs involved is 62.97 grams of Cocaine.

2. The convict is a 58 year old father of 5 children but the first 4 are of age and no longer dependent on him, whilst the last minor child lives with her mother in Madagascar who is dependent on the convict. The Convict is a resident of La Digue but rents a property on Mahe which he shares and resides in when he comes to Mahe to sell his products, mainly fish. He suffers from chronic hypertension and diabetes for which he is on medication. When he is on La Digue he takes care of his elderly mother who is also on fail health.

3. According to the Probation Services Report submitted to Court, the Convict had hitherto been a well-loved member of the La Digue Community and had never been known to partake in any illegal activity. Indeed, the Convict is a first time offender who pleaded guilty to the charge against him which has saved the Court’s time and expenses of a trial.

4. Learned Counsel for the Convict has rehearsed the mitigating factors stated above and further moved the Court for a lenient sentence to be imposed on the Convict so as to allow the Convict who is well advanced in age to continue to be a productive member of the community.

5. The Court recognize the mitigating factors related above and the hitherto impeccable character of the Convict. However, the Court also takes heed of the type of drugs involved, Cocaine, which is a Class A drug. The amount is not extremely high but it is of substantial concern, considering the dangers it can inflict on society at large had it found its way onto the market.

6. Having given careful consideration to all the above, I find that this offence particularly considering the type and amount of drugs involved, should attract a strong deterrent sentence to underscore the fact that such offences cannot be tolerated as they have the effect of undermining the fabric of our society and places people both directly and indirectly involved at great risks and in harms way. Nevertheless, the Court is also minded to temper justice with mercy where appropriate and to always ensure that the sentence imposed commensurate with the offence and the circumstances surrounding its commission. It must also be noted that a harsh sentence does not always require the imposition of a firm prison sentence in all circumstances.

7. In this case, the only outstanding circumstances in favour of the convict not warranting the immediate imposition of a sentence committing him to imprisonment are his advanced age and his chronic medical condition, in addition to him being a first time offender who has pleaded guilty and there being no evidence of the offence being an organized enterprise.

8. Considering all the above, I impose the following sentence on the Convict:

1. One year imprisonment suspended for three years with condition that he does not commit any similar offence within the 3 years failing which the suspended sentence would be activated in full,

2. In addition to the above, a fine of Seychelles Rupees Thirty Thousand (SCR30,000) to be paid within 6 months of today failing which he shall be committed to imprisonment for 6 months.

3. I further order that the following exhibits seized from the Convicts house namely SCR101,793, US$106, €810 and 38,200 Malagasy Ariary be forfeited to the Republic.

4. The Convict may pay the fine by instalments.

5. The Convict may appeal this sentence within 30 working days of today.

Signed, dated and delivered at Ile du Port on 16 day of February 2024.

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G Dodin

Judge