R v Ca (CR 63/2021) [2021] SCSC 1025 (21 October 2021)

IN THE SUPREME COURT OF SEYCHELLES Reportable [2020] sese .b~::r en 63/2021 Prosecution REPPUBLIC (rep. by Hemanth Kumar) and MARIOCA (rep. by Elvis Chetty) Accused Neutral Citation: Republic v Mario Ca; CS63 of2021, October 2021 Vidot J Importation of Controlled Drug; sentencing, first time offender 15 October 2021 21 October 2021 Before: Summary Heard: Delivered: [2021] sese 0&::t..delivered on 21 SENTENCE VIDOT J [1] The accused has pleaded guilty to and convicted of one count of Importation of a controlled drug, namely cocaine contrary to and punishable under section 5 of the Misuse of Drugs Act, 2016 read with Second Schedule of the said Act. [2] The particulars of offence are that the accused, who is 44 years old, Guinea National, on 05 June 2021, imported into Seychelles, controlled drug substances having a net weight of 823.91 grams containing the total average cocaine content of 443.58 grams. [3] The Prosecution laid down the facts that were admitted by the accused. The Accused had flown into Seychelles on the said date and while Anti Narcotic Bureau officers were profiling passengers at the airport they observed that the Accused had a suspicious disposition, so he was accosted by the officers. He was made to undergo a body scan and it was confirmed that he was carrying foreign bodies in his body. Formalities were done for him to excrete these objects. He was very co-operative with the officers. He excreted 54 cylindrical capsules which was the controlled drug. [4] In mitigation, Counsel for the accused pleaded for leniency. He noted that the Accused had pleaded guilty, showing remorse and he was apologetic. He did not waste Court's precious time. Counsel further noted that the Accused is a young man and first time offender. He referred to the case of Republic v Venicius Da Silva Reis C037/19 whereby that accused was sentenced to 6 years imprisonment for importing 1946.6 grams of controlled drugs with a purity content of 545 .04 grams of pure cocaine. [5] In meting out sentence on the Accused I have fully considered matters raised in mitigation. [6] In Morin v R SCA Cr 1112002 [2003J (11th April 2003), the Court of Appeal held that the Court should, in the absence of some aggravating factors, be slow to sentence a first time offender to a term of imprisonment if the offender can be appropriately dealt with in some other way and that such will depend on the facts and gravity of each case; see R v Tony Palmyre [2019J SCSC 1005. However, this is not such a case. The quantity a drug seized is an aggravating factor. [7] The accused pleaded guilty, thus saving the Court's precious time. He has also by his guilty plea shown remorse for the offence committed. The early guilty will earn an accused credit and obtain discount on the sentence the court would otherwise have imposed if the case proceeded to full trial. Blackstone's Criminal Practice (2012) paragraph E.12 P2148, provides that a guilty plea would in effect earn an accused a lesser sentence as it saves time of the court and reduces considerable cost and in case of an early plea saves inconvenience of witnesses to give evidence before court, and therefore that "reduction should be appropriate to the total sentence imposed calculated by references in which the guilty plea was indicated, especially at what stage in the proceedings ". [8] In the circumstances, I convict the accused to 7 imprisonment years and as there are aggravating factors in this case, the Accused shall not entitled to remission. Time spent on remand shall be discounted against the sentence. [9] If unsatisfied with this sentence, the accused may appeal against it within 30 working days from today. Signed, dated and delivered at lie du Port on 21 October 2021 3