R v Leon (CO 10/2010) [2016] SCSC 515 (09 August 2016);

     

     

 

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side: CO 10/2010

 

       [2016] SCSC 515    

 

 

THE REPUBLIC

 

 

versus

 

 

JUSTIN LEON

 

 

 

 

 

 

Heard:                              

Counsel:                      Mr Kumar,  for the Republic

 

                                    Mr Gabriel for the Accused

 

                                         

 

Delivered:                   9 September 2013


SENTENCE


Dodin J

 

 

 

[1]               The Convict Justin Emmanuel Leon has pleaded guilty and hence convicted for the offence possession of 30.1 grams of Cannabis resin contrary to Section 6(a) read with Section 26 (D) (a) of the Misuse of Drugs and punishable under Section 29(1) read with the 2nd Schedule of the Act.

[2]               Learned Counsel for the Convict moved Court in mitigation to impose the most lenient sentence as the convict has pleaded guilty, saved the Court’s time, has shown remorse and is a first offender. The Convict is 24 years old.

[3]               I have considered the mitigating aspects as advanced by learned counsel in this case. I note also that the offence was committed on 26th February 2010 when there was in force a mandatory minimum sentence of 5 years imprisonment.

[4]               Whilst learned counsel for the Convict has moved the Court to impose a lower sentence than the mandatory minimum that existed then, no special circumstances can be shown to exist which the Court can consider.

[5]               Hence I impose a sentence of 5 years imprisonment on the Convict. Time spent on remand shall form part of the sentence imposed.

[6]               Appeal against sentence 30 working days.

 

 

Signed, dated and delivered at Ile du Port on 9 September 2013

 

 

 

 

G Dodin

Judge of the Supreme Court