R v Samson (CO 53/2020) [2020] SCSC 570 (28 July 2020)

SUPREMECOURT OF SEYCHELLES Reportable [2020] SCSC 501 CO 53/2020 Applicant Accused In the matter between THE REPUBLIC (rep. by Ms Benoiton) and Dereck Egbert Samson (rep. N Gabriel) Neutral Citation: R v Samson (CO 53/2020) [2020] SCSC501 (28 July 2020). Before: Summary: Govinden J Trafficking and Possession of drugs - Guilty Plea - Minimum sentences for 1st offender. 28th July 2020 2019 28th July 2020 Heard: Delivered: Sentence for Trafficking in small amount of heroin (Diamorphine), 1 year suspended for 3, plus fine of Rs10000. ORDER SENTENCE GOVINDEN J [1] I have heard Counsel in mitigation. The convict is a 42-year-old man. He has pleaded guilty. He has saved the Court's time and expenses of a trial and he is a first offender. [2] As regards to the amount of controlled drug, it is on the low side. Although, being a class A drug, it is only 59% purity with a net weight of 2.07 grams. [3] Having considered all the circumstances I can see no aggravating factors in this case. So I do not find any reason to commit the accused to imprisonment at this stage. [4] I will impose the following sentence on the convict. [5] I impose a sentence of one-year imprisonment which I shall suspend for three years with the condition that he does not commit any similar offense for a period of three years, otherwise the sentence of one year will be activated. I further in addition impose a fine of Ten Thousand Rupees. 1. I will give the convict 6 months from today to pay his fine. 2. He can appeal against the sentence within 30 working days. Signed, dated and delivered at Ile du Port on 28th July 2020. ___________ Govinden J 2