Albert v R (SCA 25 of 1997) [1998] SCCA 49 (9 April 1998)

IN THE SEYCHELLES COURT OF APPEAL GARY ALBERT APPELLANT Q. Versus THE REPUBLIC RESPONDENT ) RT Lisk c.) 44, 1/4•nn S EY Ck` [Before: Goburdhun, P., Silungwe & Ayoola JJ. AJ Criminal Appeal No:25 of 1997 Mrs. N. Tirant for the Appellant Mr. A. Fernando for the Respondent JUDGMENT OF THE COURT The appeal in respect of the first count is allowed. The conviction and sentence on the first count for the offence of trafficking is set aside. In place therefor is substituted pursuant to Section 26(2) of the Misuse of Drugs Act (Chapter 133) a conviction for possession of a controlled drug contrary to Section 6 of the Misuse of Drugs Act (Chapter 133) and sentenced to a term of 3 years imprisonment for that offence. The appeal against conviction and sentence on the second count is dismissed. 3. Sentences are to run consecutively. Reasons to follow. Dated at Victoria, Mahe this day of April 1998. H. GOBUR. DHUN PRESIDENT A. M. SILUNGWE JUSTICE OF APPEAL J,U,01)q/ E. O. AYOOLA JUSTICE OF APPEAL