R v Waye-Hive & Anor (CO 16/2014) [2016] SCSC 319 (13 May 2016);

 

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side:  16/2014

 

       [2016] SCSC 319

 

 

THE REPUBLIC

versus

JEAN-LUC WAYE-HIVE

RONNY JULIENNE

 

 

 

 

 

Heard:         

Counsel:                      Mr Ananth,  Assistant Principal State Counsel for the Republic

                                    Mr Bonte for the 1st Accused

                                    Mr Camille for the 2nd Accused

 

Delivered:                   13 May 2016

 

SENTENCE

Dodin J

 

  1. I have considered the mitigating factors in this case. The first convict is 28 years old he has pleaded guilty and saved the Court’s time and expenses, shown remorse and has not led the Court through a long trial. And of course as noted this has been a result of a plea bargain between the Accused and the Attorney General’s office.
  2. The second convict is 32 years old, has three dependent children and a wife. He has also pleaded guilty, shown remorse and saved the Court’s time. And same situation of a plea bargain here. I take note of these mitigating factors but I also note that although they have pleaded guilty to possession of a Class B drug the amount of drug is on the very high side. And therefore a sentence of imprisonment would be imposed in the circumstances.
  3.  I note that if the trial has gone on for trafficking and if conviction had ensured a mandatory life sentence would have been imposed on both convicts.
  4. In the circumstances I impose a sentence of 5 years imprisonment on each. The time spent on remand shall form part of the sentence. They can appeal against the sentence within 30 working days.

 

 

Signed, dated and delivered at Ile du Port on 13 May 2016

 

G Dodin

Judge of the Supreme Court