Criminal Side:  84/2015

[2016] SCSC 711

THE REPUBLIC

versus

DAVIS JOURDAN LESPERANCE

Heard:                             

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 1^st count, 3.22 grams of heroin with 58% purity, I impose a fine of SR6,000.

(2)        On the 2^nd count, a trace, I impose a fine of SR2,000.

(3)        On the 3^rd 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