R v Lesperance (CO 84/2015) [2016] SCSC 711 (29 September 2016)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 84/2015 [2016] SCSC 711 THE REPUBLIC versus DAVIS JOURDAN LESPERANCE Accused Heard: Counsel: Mr. Khalyaan, State Counsel for the Republic Mr. Gabriel for the accused Delivered: 30 September 2016 SENTENCE Dodin J [1] I have heard counsel in mitigation. The Convict is 46 years old. He has 2 children, 12 and 8 years old. He is a first offender. He has pleaded guilty with remorse and saved the Court’s time. [2] As is currently the practice, we have to look at the new Misuse of Drugs Act and for that purpose I agree that a sentence of imprisonment would not be necessary in this case. [3] I impose the following fines on the Convict. (1) For the 1st count, 3.22 grams of heroin with 58% purity, I impose a fine of SR6,000. (2) On the 2nd count, a trace, I impose a fine of SR2,000. (3) On the 3rd count which is Class B Drug, 3.15 grams, I also impose a fine of SR2,000. A total of SR10,000. [4] You are given 6 months to pay that fine. You can pay in instalment but at the end of 6 months your case will be reviewed. If you have not completed payment then a sentence of imprisonment would be imposed. [5] The Convict can appeal against the sentence within 30 working days. Signed, dated and delivered at Ile du Port on 30 September 2016 G Dodin Judge of the Supreme Court 2