R v Padayachy (CO 35/2011 ) [2016] SCSC 582 (17 February 2016);

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side:  CO 35/2011

[2016] SCSC 582

 

THE REPUBLIC

versus

NICOL PADAYACHY

Accused

 

Heard:                              

Counsel:                      Mr. Vipin,  for the Republic

                                    Mrs. Amebury for the Accused

 

Delivered:                   17 February 2016

SENTENCE

Dodin J

[1]               I have heard counsel in mitigation.   As I stated the case is a 2011 that was before the amendment that impose mandatory life, in fact the minimum mandatory sentence for Class B Drug at the time was 8 years imprisonment.

[2]               The Convict is 49 years old.  Has 3 minor children. He is a first time offender.  As counsel has moved the Court to impose a sentence less than the mandatory minimum, I do not find any special circumstances to warrant the Court to impose that is lower than the mandatory minimum of 8 years that existed at the time.

[3]               I impose a sentence of 8 years imprisonment.  Time spent on remand shall count towards the sentence.  If the law is implemented that remission is granted, he will not have much to serve.

[4]               He can appeal against both the judgment and sentence within 30 working days.

 

Signed, dated and delivered at Ile du Port on 17 February 2016

 

G. Dodin

Judge of the Supreme Court