Republic V Bonne & Ors (CO 40/2015) [2016] SCSC 55 (01 February 2016);

  

 

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side:  CO 40/2015

 

[2016] SCSC 55

 

THE REPUBLIC

 

versus

 

PAOLO BONNE

JENIFA MARIMBA

MARIE-YVONNE ADELAIDE

Accused


 

Heard:                              

Counsel:                      Mr Chinnasamy Jayaraj  for the Republic

                                   Mr Gabriel for the 1st Accused

                                   Mr Andre for the 2nd Accused

                                   Mrs Amesbury for the 3rd Accused

 

                                       

 

Delivered:                   1st February 2016


SENTENCE


 

 

Dodin, J

 

[1]       I have heard counsel in mitigation and pleading for leniency. All Accused persons are first time offenders and they have pleaded guilty and saved the Court’s time and expenses. Paolo Freddy Bonne is 22 years old. He is the father of a 1 year old child and he has only been found guilty of possession of one cigarette. I will impose the following sentence on him.

[2]      I impose a sentence of 6 months imprisonment and a fine of SR3000 to be paid within 6 months. Time spent on remand shall count towards the sentence.

 

[3]      Jenifa Marimba is 40 years old and has a daughter of 18 years. She has pleaded guilty and also moved the Court to impose a lenient sentence. She has been charged with 3 counts. The 1st one has a substantial amount of drugs involved. So a lengthier sentence of imprisonment will be call for. On count 1 I imposed a sentence of 3 years imprisonment. On Count 3 possession of 12.5 grams of Cannabis I imposed a sentence of 6 months imprisonment. On Count 6 I imposed a sentence of 1 year imprisonment that is for possession of 2.95 grams of heroin. All sentences shall run concurrently. That means she will only served a maximum of 3 years and the time spent on remand shall count towards the sentence. So you have served the difference I will not impose a fine because you are serving already a prison sentence.

 

[4]    Marie-Yvonne Adelaide is 48 years. For Count 2 possession of 22.1 grams of Cannabis herbal materials. I impose a sentence of 6 months imprisonment plus a fine of SR5000 to be paid within 6 months. On Count 5 possession of 0.95 grams of heroin I impose a sentence of 6 months imprisonment plus a fine of SR5000 both prison sentences will run concurrently meaning that you do not have to continue serving a prison sentence but you have to pay the two fines for each count. Time spent on remand shall count towards the sentence meaning as of today you will be discharged.

 

[5]     They can appeal against the sentences within 30 working days.

 

 

Signed, dated and delivered at Ile du Port on the 1st  February 2016

 

 

 

G. Dodin

Judge of the Supreme Court