Criminal law

R v Leon (CR 76/2019) [2020] SCSC 57 (27 January 2020);


Possession of a controlled drug contrary to section 8(1) of the Misuse of Drugs Act 2016



  1. The Accused was charged with the following offences;

    Count 1

    Statement of offence

    Trafficking in a controlled drug having been found in unlawful possession of a controlled drug with intent to traffic, contrary to section 9(1) as read with section 9(1)(d)(i) of the Misuse of Drugs Act, 2016  section 8(1) and punishable under section 7 (1) as read with the Second Schedule of the said Act.


    Particulars of Offence

R v Bristol (CO 67/2018 ) [2020] SCSC 26 (20 January 2020);


[1]        I have heard counsel in mitigation.  The convict is 41 years old.  He is a father of three children, 21, 18 and 15 years old.  He is in employment at Clinton Leon’s garage with a salary of Rs 9,500 per month.  The amount of drugs also is not on the high side, 25.92 grams which is just above the limit for possession.  I do not find any other aggravating factors.  There is no commercial value and there is no evidence of other involvement of other persons.

R v Albert (CO 08/2019) [2020] SCSC 22 (17 January 2020);


[1]        The convict Mario Albert is 26 years old.  He has no dependents.  He is living with his mother at Anse aux Pins.  He has pleaded guilty and of course saved the Court’s time and expenses of a trial.  He is not a first offender but the two most relevant convictions both date back to 2015 which for the purposes of this sentence I shall treat them as spent. 

[2]        There are however aggravating factors:

a)   Using an offensive weapon in the form of a can of spray which he sprayed into the face of the victim.

Ernesta & Ors v R (SCA 27/2018 (appeal from CR 22/2016) ) [2019] SCCA 39 (17 December 2019);


M. Twomey (J.A)


1.      The four Appellants were charged under the former Misuse of Drugs Act 1990 with the offences of importation, conspiracy to commit the offence of importation, trafficking in a controlled drug, and conspiracy to commit the offence of trafficking in a controlled drug. They were found guilty of the above offences following trial and convicted accordingly. They are appealing against conviction.