R v Lime (CO 34/2020) [2021] SCSC 989 (10 September 2021)

SUPREME COURT OF SEYCHELLES Reportable [2021] SCSCS1-:t CO 34/2020 Republic Accused In the matter between: THE REPUBLIC (rep. by Luthina Monthy) and LEEROY LIME (rep. by Joel Camille) Neutral Citation: Before: Republic v Lime (CO 34/2020) Burhan J Heard: Delivered: loth September 2021 10thSeptember 2021 [2021] scsc 51-1- (loth September 2021) Accused sentence to I-year imprisonment suspended for a term of 2 years and a fine of SR 7,5001. In ORDER default of payment offine, 6 months' imprisonment. SENTENCE BURHANJ [1] I have considered the plea in mitigation made by learned counsel Mr. Joel Camille. I have considered the fact that the drug concerned, is a Class B drug and weighing 189.3grams. The recommended sentence for such a drug is a maximum term of I-year imprisonment or a fine, or a suspended sentence. [2] I have considered the fact that the accused has no previous convictions. He is a first offender. I have also considered the age of the accused and the family circumstances. The accused is 26 years of age and gainfully employed as an lOT labourer at present. He has 3 children aged, 6 years, 4 years and 2 years. 1 also note that he has saved the precious time of court by pleading guilty and in doing so, expressed remorse and regret, whilst at the same time, expecting the leniency of court. [3J I have also noted that the incident of this case occurred on the 14thday of November 2017. The charge has been filed only on the 04th of June 2020, a period of over 2 12years later. I refer to the case of Pascal Fostel v The Republic [SCA 19/20 12], where the Seychelles Court of Appeal stated that, undue and unnecessary delay on the part of the prosecution should be taken into consideration at the time of sentencing the accused. 1am of the view that a period of2 12years is excessive in filing the charge against the accused. By pleading guilty, the necessity to call these witnesses to give evidence of a matter that occurred 2 12years ago, has been avoided. [4J Considering all these circumstances, I am inclined to give a suspended sentence to the accused in this case. [5] I therefore proceed to sentence him to a term of l-year imprisonment which I suspend for a period of2 years and a fine ofSR7,5001-. Nature of a suspended sentence explained to the accused. The accused is given time to pay the fine in instalments. Fine to be paid in monthly instalments of SR2,5001-, failure to pay the fine will result in him serving a default sentence of 6 months. [6] [7] [8J Right of appeal explained to the accused. Signed, dated and delivered at lie du Port on 10thSeptember 2021. ,"" M Burhan J 2