DODIN J

I have heard counsel in mitigation.  The convict is a young man of 22 years old.  He is a father of a small child and lives with his partner and he is the main breadwinner of the family and he has pleaded guilty, he has not wasted the Court’s time and expenses for the trial.  Counsel has moved the Court for leniency and have referred to the case of Republic vs. Samson where similar amount of drugs and the sentence that was imposed.
I have considered these mitigating circumstances, he is a first offender.  I do not see any other aggravating factors, the drugs are on the low side just above the threshold limit for trafficking.  I therefore see no reason to commit the convict to an imprisonment term.  I will impose the following sentence:

I will impose a sentence of one year imprisonment suspended for two years with condition that he does not commit any similar offence during the period of two years.
In addition I impose a fine of Rs15,000.  The fine can be paid in instalments if needs time to pay it can be paid within 6 months.  In default he will have to serve a sentence of 6 months imprisonment.

Convict can appeal against the sentences within 30 working days.

Signed, dated and delivered at Ile du Port on 26 July 2021.
 
 
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G. Dodin
Judge