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Court name
Supreme Court
Case number
CO 84 of 2015

R v Lesperance (CO 84 of 2015) [2016] SCSC 711 (29 September 2016);

Media neutral citation
[2016] SCSC 711
Dodin, J


Criminal Side:  84/2015

[2016] SCSC 711









Counsel:          Mr. Khalyaan, State Counsel for the Republic

                       Mr. Gabriel for the accused


Delivered:                   30 September 2016




Dodin J


[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