R v Estico (CO 49/2018) [2019] SCSC 384 (13 May 2019);

Flynote: 
Headnote and Holding: 

Sentencing decision. Misuse of Drugs Act.

DODIN J

[1]        I have heard Counsel in mitigation. The Convict is 21 years old and he has pleaded guilty. He is employed as a Runner at Fisherman’s Cove Hotel. He is gainfully employed and he currently lives with his partner at North East Point.

[2]        He has saved the Court’s time and expenses of a trial and Counsel has moved the Court for leniency and not to impose a prison sentence. He is a first offender he has shown remorse and note is taken that the amount is small being only 2.67 grams of heroin in purity.

[3]        I have considered the mitigating factors above. I find that the amount although a Class A drug is on the low side 2.67 percent purity. There is no other aggravating factor and it’s not of any commercial value. There was no violence involved and also I find that since the Convict being gainfully employed there is no need to impose a prison sentence in this case.

[4]        So I will impose the following sentence: firstly I sentence the Accused to 2 years imprisonment which is suspended for 3 years with condition that he does not commit any similar offence within the next 3 years.

[5]        Secondly in addition to that I impose a fine of Rs25,000/-. The fine must be paid within 6 months of today. He can pay by instalments. Any default if he defaults in paying the fine at the expiration of 6 months I will activate his suspended sentence of imprisonment.

[6]        He can appeal against the sentence within 30 working days.

 

Signed, dated and delivered at Ile du Port on 13 May 2019

 

 

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Dodin J