R v Faure (CR68/2019)  SCSC 117 (13 February 2020);
Sentencing: Misuse of Drugs Act: non-custodial sentence.
G. DODIN, JUDGE
 I have heard Counsel in mitigation the Convict is 38 years old, he is the father of 2 children, one 15 and the other one is 2 months old. He has shown remorse he has changed his plea to guilty and save the Courts time and expenses of a trial, as noted by Counsel the amount of drugs is not on the high sight, it is a 3.86 grams with the purity of 62% which is a total amount of 2.39 grams and there are no aggravating factors, no commercial alignment, no other persons involved, he is a 1st offender, in the circumstances, a prison sentence is not necessary. However, in view of the type of drug which is a class A drug, I will impose a sentence of 1 year imprisonment which shall be suspended for a period of 2 year with condition that the convict does not commit any similar offence during the next 2 years. And I also impose a fine of SCR10 000 to be paid within 6 months. He can pay by instalment. In default the sentence of 1 year imprisonment will also be activated. So make sure that within 6 months payment of SCR 10,000 has been made.
 Appeal against the sentence can be made within 30 working days.
Signed, dated and delivered at Ile du Port on 13th February 2020