R v Padayachy (CO 35/2011) [2016] SCSC 582 (16 February 2016)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 35/2011 [2016] SCSC 582 THE REPUBLIC versus NICOL PADAYACHY Accused Heard: Counsel: Mr. Vipin, Assistant Principal State Counsel for the Republic Mrs. Amebury for the accused Delivered: 17 February 2016 SENTENCE Dodin J [1] I have heard counsel in mitigation. As I stated the case is a 2011 that was before the amendment that impose mandatory life, in fact the minimum mandatory sentence for Class B Drug at the time was 8 years imprisonment. [2] The Convict is 49 years old. Has 3 minor children. He is a first time offender. As counsel has moved the Court to impose a sentence less than the mandatory minimum, I do not find any special circumstances to warrant the Court to impose that is lower than the mandatory minimum of 8 years that existed at the time. [3] I impose a sentence of 8 years imprisonment. Time spent on remand shall count towards the sentence. If the law is implemented that remission is granted, he will not have much to serve. [4] He can appeal against both the judgment and sentence within 30 working days. Signed, dated and delivered at Ile du Port on 17 February 2016 G Dodin Judge of the Supreme Court 2