R v Casime (CO 66/2015) [2016] SCSC 321 (16 May 2016);

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side:  66/2015

 

       [2016] SCSC 321    

 

 

THE REPUBLIC

 

versus

 

OSAMA BRANDON CASIME     

 

 

 

Heard:                              

Counsel:                      Mr. Vipin, Assistant Principal State Counsel for the Republic

 

                                    Mr. Gabriel for the accused

 

                                        

 

Delivered:                   16 May 2016    

 

Dodin J

 

[1]               I have heard counsel in mitigation.  The Convict is 20 years old.  He is a first offender.  He has been charged with an alternative count of possession of 5.47 grams of powder containing 1.53 grams of heroine.  The purity in this case is quite low.  He has pleaded guilty with remorse and not wasted the Court’s time.

[2]               Learned counsel submitted that the Convict was a daily user and we do not know whether he is still is but he was a drug user who had gone through rehabilitation.  If he is still on drugs, he must go through rehabilitation.  As counsel has stated, drug offences are serious offence for society and the next time he will not be a first offender if he commits the offence again and therefore he would be sentenced to prison.

[3]               In this case I will not send him for any additional sentence but I would sentence him  as follows:

(1)  Imprisonment for time served, he has served 6 weeks on remand that shall be counted towards the sentence.  He doesn’t have to go back to prison.

(2)  I also impose a fine of SR20,000 which he must pay within 6 months of today.  He can pay in instalments if this is the only way he can pay but he must finish payment by 6 month otherwise I would call the file and I would impose a default sentence.

(3)  I also order the forfeiture of the money that was seized from him and held by the NDEA; that was the amount of SR7525.

[4]               He can appeal against the sentence if he is not satisfied within 30 working days.

 

 

Signed, dated and delivered at Ile du Port on 16 May 2016

 

 

 

 

G. Dodin

Judge of the Supreme Court