R v Leon (CO 10/2010) [2016] SCSC 515 (9 August 2016)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 10/2010 [2016] SCSC THE REPUBLIC versus JUSTIN LEON Accused Heard: Counsel: Mr Kumar, Assistant Principal State Counsel for the Republic Mr Gabriel for the accused Delivered: 9 September 2013 SENTENCE Dodin J [1] The Convict Justin Emmanuel Leon has pleaded guilty and hence convicted for the offence possession of 30.1 grams of Cannabis resin contrary to Section 6(a) read with Section 26 (D) (a) of the Misuse of Drugs and punishable under Section 29(1) read with the 2nd Schedule of the Act. [2] Learned Counsel for the Convict moved Court in mitigation to impose the most lenient sentence as the convict has pleaded guilty, saved the Court’s time, has shown remorse and is a first offender. The Convict is 24 years old. [3] I have considered the mitigating aspects as advanced by learned counsel in this case. I note also that the offence was committed on 26th February 2010 when there was in force a mandatory minimum sentence of 5 years imprisonment. [4] Whilst learned counsel for the Convict has moved the Court to impose a lower sentence than the mandatory minimum that existed then, no special circumstances can be shown to exist which the Court can consider. [5] Hence I impose a sentence of 5 years imprisonment on the Convict. Time spent on remand shall form part of the sentence imposed. [6] Appeal against sentence 30 working days. Signed, dated and delivered at Ile du Port on 9 September 2013 G Dodin Judge of the Supreme Court 2