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R v Lesperance (CO 84 of 2015) [2016] SCSC 711 (29 September 2016);
IN THE SUPREME COURT OF SEYCHELLES
versus
DAVIS JOURDAN LESPERANCE
Heard:
Counsel: Mr. Khalyaan, State Counsel for the Republic
Mr. Gabriel for the accused
[1] I have heard counsel in mitigation. The Convict is 46 years old. He has 2 children, 12 and 8 years old. He is a first offender. He has pleaded guilty with remorse and saved the Court’s time.
[2] As is currently the practice, we have to look at the new Misuse of Drugs Act and for that purpose I agree that a sentence of imprisonment would not be necessary in this case.
[3] I impose the following fines on the Convict.
(1) For the 1st count, 3.22 grams of heroin with 58% purity, I impose a fine of SR6,000.
(2) On the 2nd count, a trace, I impose a fine of SR2,000.
(3) On the 3rd count which is Class B Drug, 3.15 grams, I also impose a fine of SR2,000. A total of SR10,000.
[4] You are given 6 months to pay that fine. You can pay in instalment but at the end of 6 months your case will be reviewed. If you have not completed payment then a sentence of imprisonment would be imposed.
[5] The Convict can appeal against the sentence within 30 working days.
Signed, dated and delivered at Ile du Port on 30 September 2016
G Dodin
Judge of the Supreme Court