R v Lawrence (CO 41/2018) [2018] SCSC 8338 (6 December 2018)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 4112018 [2018] SCSC I'. J... O THE REPUBLIC versus DANIEL EGBERT LAWRENCE Accused Heard: Counsel: 7 December 2018 Mrs. Rongmei Langsinglum, State Counsel for the Republic Mr. Nichol Gabriel for the accused Delivered: 7 December 2018 --------- ._-_._----._- . -------_._----- -_._--_._-_._---_._ _ __._--_._------------_ _ __ .._._._ _ _ - _ ----..---.-------. --------_ _ _ , __ ._,..- SENTENCE Dodin J COUNT 1 [1] The convict is 24 years old. He has no dependants. He is a first time offender and the amount of drugs is on the low side; 1st Count 2.06grams but it is still above 2 grams limit and the second is below, that is 1.98 grams. They are both class A drugs. They are not of any commercial value and I see also no other aggravating factors in this case. The convict has pleaded guilty saving the Court's time and expenses of a trial and for these reasons of course he should benefit in sentencing. Since both Counts are for possession and their amount being what they are I do not see any reason to commit him to prison at this stage. He should be given a second a chance. So Iwill impose the following sentences; Count 1 For possession of 2.06 grams of Heroin Diamorphine I will impose a sentence of one year imprisonment suspended for 3 years. During that three years you must not commit the same offence otherwise that sentence might be activated. In addition to that Iimpose a fine of SRI 5,0001- on the 1st Count. Count 2 [2] On the 2nd Count being a lesser amount I will not add an additional suspended sentence. I will simply impose a fine of SRI 5,0001- so you the accused have a total fine ofSR30,OOOI to pay. The Court will give you one month to make arrangement for payment. Any default in payment of the fines will result in 6 months imprisonment. [3] The accused can appeal against both Sentences within 30 working days. [4] The cash bail ofSR40,0001- deposited by the convict on receipt dated 1ph of August 2018 shall be returned to the convict accordingly. Signed, dated and delivered at lie du Port on 7 December 2018 ~\~GDo m Judge of the Supreme Court 2