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R v Leon (CO 3 of 2021)  SCSC 103 (04 February 2022);
I have considered the mitigating factors advanced by learned counsel for the convict.
She is 49 years old. She is a first offender. She has pleaded guilty and not wasted the Court’s time and expenses. She is a mother of adult/ children, one of whom is still 18 years old and doing his A level and dependent on the convict.
I also note that the drugs in question, although a class A drug the amount is on the low side and there is no commercial value that can be attached to it and no other persons are involved in the transaction. The offence of trafficking is based on presumption and I do not see any other aggravating factors.
Having considered all these mitigating issues I sentence the convict as follows:
1 year imprisonment suspended for 2 years with condition that she does not commit any similar offence during the period of 2 years in addition to a fine of Rs 25,000/-
The fine can be paid within 6 months and can be paid by instalments.
Any defaults, that is if after 6 months the fine is not paid the sentence of 1 year imprisonment will be activated.
She can appeal against the sentence within 30 working days.
Signed, dated and delivered at Ile du Port on 04 February 2022
Judge of the Supreme Court