R v Samson (CO 53/2020) [2020] SCSC 501 (28 July 2020);

Headnote and Holding: 

Trafficking and Possession of drugs - Guilty Plea - Minimum sentences for 1st offender

GOVINDEN J

 

  1. I have heard Counsel in mitigation. The convict is a 42-year-old man. He has pleaded guilty. He has saved the Court's time and expenses of a trial and he is a first offender.
  2. As regards to the amount of controlled drug, it is on the low side. Although, being a class A drug, it is only 59% purity with a net weight of 2.07 grams.
  3. Having considered all the circumstances I can see no aggravating factors in this case. So I do not find any reason to commit the accused to imprisonment at this stage.
  4. I will impose the following sentence on the convict.
  5. I impose a sentence of one-year imprisonment which I shall suspend for three years with the condition that he does not commit any similar offense for a period of three years, otherwise the sentence of one year will be activated. I further in addition impose a fine of Ten Thousand Rupees.

 

  1. I will give the convict 6 months from today to pay his fine.

 

  1. He can appeal against the sentence within 30 working days.

 

Signed, dated and delivered at Ile du Port on 28th July 2020.

 

 

___________

Govinden J