R v Faure (CR 68/2019) [2020] SCSC 117 (12 February 2020);

Headnote and Holding: 

Sentencing: Misuse of Drugs Act: non-custodial sentence. 

Legislation considered: 

G. DODIN, JUDGE[1]  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.[2]  Appeal against the sentence can be made within 30 working days. Signed, dated and delivered at Ile du Port on 13th February 2020 ____________G. Dodin