R v Cadeau (CO 77/2019) [2020] SCSC 538 (6 July 2020)

'-~ ." .' .,. If' , SUPREME COURT OF SEYCHELLES In the matter between: THE REPUBLIC (rep, by Evelyn Almeida) and NEDDY CADEAU (rep. by John Renaud) Reportable "J17f? [2020] SCSC ,sO Q CO 77/2019 Republic Accused Neutral Citation: Republic v Cadeau C07712019 SCSC 06 July 2020 Before: Summary: Burhan J Convict sentenced to 6 months imprisonment suspended for two years and a fine of SCR 10,000/=. In default of payment of fine 6 months. imprisonment. 22 June 2020 06 July 2020, SENTENCE Heard: Delivered: BURHANJ [1] The convict Neddy Cadeau has been charged for the offence of Cultivation of a controlled drug namely 8 Cannabis plants, [2] The convict pleaded guilty to the said Count at the very first opportunity provided to him, In mitigation learned Counsel Mr. Renaud stated that the convict is a 29 year old youth who lives with his mother aged 69 years, He is admittedly a drug user who earlier used hard drugs but has now in his effort to reform, stopped hard drugs and admits he is a user of Cannabis, Learned Counsel also brought to the attention of Court the quantity of controlled drug (8 Cannabis plants) found in his possession was small and the plants were for his own personal consumption and not for use as a dealer for the purpose of trafficking. [3] Learned Counsel further informed Court that the convict was living with his mother and moved court that he be treated leniently and not sent to prison as this would have an adverse effect on the mother of the convict as well. [4] I have considered the plea in mitigation which was unchallenged by the prosecution. The convict is a first offender aged 29 years. He has expressed remorse and regret by pleading guilty at the very first opportunity and by doing so also saved the time of COUli. I am inclined to accept the submission of learned Counsel for the convict that the quantity of controlled drug is small and for personal use only. Further the controlled drug is a Class B drug. I have also considered the fact that the convict has an aged mother who he is living with and taking care of and also that under the new Misuse of Drugs Act 2016, no minimum mandatory term of imprisonment exists for the offence for which the convict has pleaded guilty. The offence is not an excepted offence as set out in section 287 of the Criminal Procedure Code CAP 54 (CPC) and a suspended term of imprisonment could therefore be imposed under section 282 of the CPC. [5] Having thus considered all the aforementioned factors in mitigation and the relevant law, in the absence of any aggravating circumstances, I proceed to sentence the convict to a term of 6 months imprisonment which I would suspend for a period of two years and a fine of SCR 10,000/=. In default of payment of fine, the convict to serve a term of 6 months imprisonment. [6] The convict is to pay the fine in monthly instalment of SCR 25001-, commencing 3rd August 2020. Sig ed, dated and deliyered at Ile du Port on 06 July 2020 Burhan J 2