R v Dixon & Anor (CO 50 of 2022) [2023] SCSC 208 (15 March 2023)

" SUPREME COURT OF SEYCHELLES Reportable [2023] sese ".::>... C3 CO 50/2022 Republic ,'. .'_' . . 1st Accused . In the matter between: THE REPDBLIC, (rep. by Corrine Rose) " ' and GERMAN'DIXON (rep: by, Vanessa Gill) " .' .....".,. RICKY SUZETTE' .(rep. by Dcmtel Cesar) Neutral Citatio~: Rep v Dixon &: Anor (CO 50/2022) [2023] sese ~.. D~ (15th March 2023) Before: Burhan. J. . . , . . . ---"--~~-Sl1ritmary:~rripottatibrit5f"C5mrollea'Drugs contrary to-Secf!oii30ftheMisuse'ofDrugsAcC~-~----~~~. , 2016 and punishable under the Second Schedule as read with Section 48 (1) (a) & (b) of the Misuse of Drugs Act, 2016. 'lIe~rd: Delivered: .-' '. 27th February 2023 . 15th March 2023 . ORDER I proceed to sentence the 1st accused German Dixon to a term of five years imprisonment on Count 1. BURHAN J SENTENCE [1] . The accused German Dixon ,was charged together with the aforementioned 2nd accused with the following offences: Count 1 . '. • • '" I • , ' '.' .',.' ",.. • • ", ..' ',.' ~. .' , " • • • Importation of a controlled drugs contrary to Section 5 of the Misuse of Drugs Act; 2016 . \' ,': . ana punishable unde~thi/Second Schedule 'as read with Section 48 (1) (a) & (b) of the Misuse of Drugs Act, 2016, German Augusto Brooks Dixon, 42 y~arso'id, a Nicaragudn national, holderof passport . . . . number C02689187'0Y!.1th. O~tober 2022 imported into Seychelles a ..controlled drugs namely Cocain~ with a total net 'weight of 4164.50 grams, by causing the said controlled . .drugs to b~imported into Sey~h~lie~ through his luggage aboardFlightEK705 fromDubai' . after landing at t-he Seychelles International Airport. e. '.' " Count 2 Conspiracy to commit the offen~e of trafficking' in a controlled drug, contrary to Section' j 5~(a1'fr_"~;[ctlon('"if) bJihe 1i1i~useojDrugf:4a, '~'5'ana p'u~zilidble ~~er Secti~h 7....' . . (1) read with Se'ction 48 (1) (b) and Second Schedule of the'Misuse of Drugs Act, 2016. . , . German Augusto Brooks Dixon, 42 years old, a Nicaraguan national, holder 'ofpassport number C02689j87, Ricky FreddyJemmy . Suzette, 33 years oid, NIN,992~0458-1-1~39 . resident of Roche Caiman, Mahe and with aperson known to the Republic on or before-the 4th Octobe~ 2022 to the 071h October 2022, agreed with one another, if pursued, will necess~rily amount conduct shall be pursued which, commission of an offence of trafficking in a controlled drug namely Cocaine having a total net weight of 4i64'sO'grams.' to' or involve the e that a course of .. M .. Count 3 in the Alternative to Count 2 Aiding and abetting the trafficking of a controlleddrugs contrary toSection 15 (1) (a) & ,, , • (c)read with Section 7 (1)& (2) of the Misuse of Drugs Act: 2016 and punishable under Section 7 (1) read;V'ithse'ctioh,/8(1) (b)an4 Second Schedule of the said Act. '. .' • • I . Ricky Freddy Jemmy Suzette, 33 'years old, NIN 992-0458-1-1-39 r~sident 'of Roche • • I " • Caiman, Mahe, aided and abetted, German Augusto:Brooks Dixon, 42 y~ars old, a Nicaraguannational, h6ider ofpassport number C02689187, to traffic in a controlleddrug " . , ; -,' namely Cocaine having a total net weight of 4164.50 grams by doing-or-offering-todo any p;e~aratory':acisj~t'tr~nsporting and delivering byigoing to ~ollect the said controll~d drugs at Glacis who was tn the'possessionof thesaid GermanAugust Brooks Dixon. "" The 1siaccused plead~dguiltyt~'Counfl and was convicted onhisplea of guilt on the 11th of January 2023. The prosecution withd~ew Count 2 against him. Thereafter.at the request of his learned Counsel Ms Vanessa Gill a probation report was called prior to mitigation. Th~ prob~tion reports states that the 1st a~cused German Dixon is 43 _year of age and a' " ,- .' .. ',.,', ..:,., ,,' "f-' . "._, ·f-·, .....:."." .. " ,: -"-": ,-.. ",.,:~~-_......_:"*._-. I':"i_""C_"~'" --'~'i·;:':'_":··:-.---"""'-~"!"~'· . [2] [3] Nicaraguan national. He is 'divorced and havingtwo children 21 and 9 years old. The , .accused has been working in the construction field as an electrician and welder. It could be gathered fro~ the facts set out in the report that the accused had befriended a lady named . Hannah on interne1:whohacl stated she was working in alarge textile companyin London and couid help him get a job. Hamlah had referred him to two other ladies Jenny and Sophia who informed him they would employ him ami he received a supposedly "work contract" .... . . - which he signed. Thereafter, he received plane tickets but observed they Were to Brazil and not London. On inquiring he was informed he had to collect some items for the company prior to coming to London. He had stated it was okay with him. [4] On arrival in Brazil, a person had met him and taken him to the hotel and paid for the taxi and hotel. After a few days stay, he was informed by Sophia to leave the hotel and he had been shifted to an apartment. He had met the same person who he had met on arrival in Brazil and the said person had taken him to the apartment and locked him in it. Two days later the person had returned with some luggage which he was to travel with and showed him some T shirts in it. After the person had left, the accused had checked the luggage and found drugs in the T-shirts. when he had explained to Sophia on the phone that he was never told that 'he would 'be' traveling to Seychelles with, drugs, Sophia had become , I.' , . aggressive. He had informed his family and thou~h they ha~,told him to go to the police, hewas afnlid'a~ ifhe"didso he ~ouid be kill~d. The accused realised he wa~ b~ing used as a drug courier and Sophie was' all along aware of this. He had thought of informing ·the police at the airport of what was going on, but because Brazil was known to be a corrupt, country and beirig in fear that something 'bad will happen to him, he' decided that the best cau:~eof acti~n wo~id' be to approach the authorities in 's~ychelles as Seychelles was 'his • • - 'j filial destimlW~h. " -:'. !'Ill. _ [5] Learned Counsel Ms Gill also relied on the fact 'that when he arrived in Seychelles the 1st accused had inu1).ediarely'reported wh~t 'had liapp~ned to him ~othe Imnii~atioh Officer. They h'ad checked his .luggage and fourid the controlled drugs and after testing it, asked him to continue with the plan he was instructed to do when he arrived. in Seyc~eIles., He had assisted in the controlled delivery with the police and two persons had arrived at the . '. . _~.~-ho~e...w.as.stay.mg.~nd.gi:Y~i1J1im<the money..and.taken.the.bag.-T,he.poliG~had thereafter'-----' arrested the per~on and'produced him in Co~rt. It is to be noted that due to his co-operation the 2nd accused namely Ricky Suzette was arrested and is now charged in Court with him. [6]· Learned Counsel Ms Gill submitted that her client was a first offender who had pleaded guilty at the first available opportunity and therefore has not wasted the precious time of , the Court. In regards to Mr. Dixon '8 personal circumstances, she admitted the facts set out in the report and further stated that he is maintaining his' children by paying 1i5 USD per month. She further submitted that being a divine worshiper and follower' of the Pentecostal faith, Mr. Dixon has confessed that he didn't have the intention of bringing drugs to Seychelles nor had the intention of participating in any illegal drug related transactions. Mr. Dixon, she submitted does not sell drugs and neither does he drink alcohol. He has never been involved in any drug related transaction in his life. He earns an honest living in a respectful manner. The accused has never been in conflict with the law in Nicaragua and his father has confirmed that he is a good person and that he is certain that he has been deceived by criminals. [7] Learned Counsel Ms Gill further submitted that the I"accused had voluntarily cooperated with 'the police to ensure that the perpetrators of this terrible criminal act were arrested. ,,' \ .. : . . '. The, Seychelles police had been in Mr. Dixon's company throughout his stay in Seychelles an'd he had fully cooperated with the controlled drug del!very in which another person was apprehended in connecnon with this case 'namely th~ 2nd a~cu~ed Ricky Suzette. In the aft~rrriath of the, incident, learned Co~nsel Ms Gill submitted that Mr. Dixon feels that he was tricked. His incarceration would affect his 75~year-old father; Carlos and his 65-year old mother; 'Christina and hissix siblings' in Nicaragua. The 15t accused deeply regrets and is feeling' ~shamed by his action's and he has prayedto God' for forgiveness. He also asks thi~ Court and 'all present for forgiveness fo~being in such a terrible situation. " [8] Learned Cou~sei moved Court that in considering the sentence to be imposed Court should a' sentence that' would be fair and rea~onable and a sentence that would carefullyconsider take'into consideration the"circumstances of the Offence. She' further submitted that no purity tests were ever done on the drugs. Therefore the prosecution has failed to establish th~ 'pure c6~tent of cocaine that was brough~ into the country. [9] -A-,-t ""th"';'e-r'-,e-;'ci-u"""es"""t of Court, the prosecution thereafter confirmed that it was incorrect that the , '; .......... ~_.__ ........ .._:;_ -~'___"':";'__:"-',._. ... --":;'~-.-- - . - .... ..,...----- accused had informed the Immigration officer of the fact he was carrying drugs as he arrived in the Seychelles. It was only after the bags were checked and the controlled drug detected did he explain the circumstances to the Officers. [10] Be that as itmay, it is clear that at least after detection, the 151the accused had co-operated fully with the police resulting in another accused being arrested and charged in Court. By pleading guilty he has expressed remorse and regret at what he has done. Further the analyst is unable to state the purity of the controlled drug due to the controlled drug being mixed with other substances. However the charge is of a serious nature and suitable deterrent punishment by way of a custodial term of imprisonment must be meted out considering the serious consequences the controlled drug imported into the country would have had onthe population especially the younger generation. [11] In cases of similar nature R v Peris Munyao 2021 sese 411, R v Nakiganda [2021J 864, R v Nurdin Kamba [2020J sese 24, R v Elsie Vamba [2022] sese 294 and R v Petrus '[2022] sese 508 sentences ranging from 5 to 6 years imprisonment were Vermuelen imposed. [12] [13] Giving due consideration to' all the aforementioned factors, I proceed to sentence the 15t accused :'Oerrpan,Dixon to a term Of five years imprisonment on Count 1.. '., ',' . , " . , • • •• • I .' • AB' the' 'prosecution has b~en unable to determine the pure' quantity of controlled drug the accused is entitled to remission at the discretion of the Superintendent of imported, Prisons. " [14] Timespent.in remand to count towards sentence. , 't; atIle du Port on 15th March 2023. .., " ._~_..;. O! .. 6