R v Nourrice (CO 46/2020) [2020] SCSC 662 (11 December 2020)

SUPREME COURT OF SEYCHELLES Reportable [2020] scse 94lt co 46/2020 Republic In the matter between: THE REPUBLIC (rep. by Joji John) anU------------------------------------------------------------------------ STEPHAN NOURRICE (rep. by Nichol Gabriel) Accused Neutral Citation: Republic vs Nourrice (CO 46/2020) Before: Summary: Heard: Delivered: Burhan J Possession of a controlled drug 30th November 2020 11 December 2020 ORDER [2020] sCSel4~ll December 2020). On Count 1, the convict Stephan Marcus Nourice is sentenced to a fine of SCR 50001- in default of payment of fine a term of six months imprisonment. ~-------------------------------------S~NT~N~·~------------------------------------- BURHAN J [I] The convict was charged in this case CR 46/2020 with the following offence: Possession of a controlled drug contrary to Section 8 (I) of the Misuse of Drugs Act, 2016. It is apparent from the particulars of offence that the controlled drug detected is Heroin having a total weight of 3.46 grams with a purity content of Heroin 1.17 grams. The detection was made on the 29th of June 2019. [2] The convict pleaded guilty to the aforementioned charge and at the request of his learned Counsel Mr. Gabriel a probation report was called. The facts set out in the probation report are that the convict is 31 years of age. He has been doing numerous jobs on a casual basis for short periods of time which includes masonry, tree cutting and as a security officer. It is apparent from the probation report that he has served time in prison before and is having an addiction to controlled drugs. [3] However having considered the plea in mitigation made by learned Counsel Ms Madeleine, the fact that the convict is 3 I years of age and that the convict has expressed remorse and regret by pleading guilty and that even at the last minute yd November 2020, he has decided to enter a rehab program at APDAR as per the probation report, I am inclined not to be too harsh on the convict as he has pleaded guilty on the 12th of October 2020 in two cases (CR 46/2020 and CR 69/2020) thereby saving the precious time of Court. [4] Having considered the aforementioned circumstances, I proceed to sentence the convict as follows; On Count 1, the convict Stephan Marcus Nourice is sentenced to a tine of SCR 50001- in defau It of payment of fine a term of six months imprisonment. Signed, dated and delivered at lie du Port on 11 December 2020 s t{f '\I ~' Burhan J 2