R v Figaro (CO 10 of 2023) [2023] SCSC 693 (18 September 2023)
Given the accused's guilty plea, remorse, first offender status, minimal drug quantities, lack of commercial intent, and personal circumstances, a suspended sentence and fines are appropriate.
Source-derived case information.
- Citation
- [2023] SCSC 693
- Parties
- Prosecution: THE REPUBLIC; Accused: ANTOINETTE, ELFRIDA FIGARO
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- CO 10 of 2023
- Procedural Posture
- Criminal / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Drug Offences, Sentencing, Mitigation, Suspended Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE REPUBLIC
Prosecution
ANTOINETTE, ELFRIDA FIGARO
Accused
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 appropriate sentence for possession of controlled drugs
- 2 consideration of mitigating factors in sentencing
Ratio Decidendi
Given the accused's guilty plea, remorse, first offender status, minimal drug quantities, lack of commercial intent, and personal circumstances, a suspended sentence and fines are appropriate.
Court Disposition
convicted and sentenced
Orders
- Count 1: 6 months imprisonment suspended for 1 year plus a fine of SR 2000
- Count 2: fine of SR 1000
Full Case Text
Judgment text and source record
1 paragraphs
SUPREME COURT OF SEYCHELLES In the matter between: THE REPUBLIC (Represented by Mr. Brandon Francois) versus ANTOINETTE, ELFRIDA FIGARO (Represented by Ms. Evelyne Almeida) c; Reportable [2023] SCSC ... Cf$ CO 1012023 Prosecution Accused Neutral Citation: Republic vis Figaro (CO 10/2023) [2023] scscGctS 18 September 2023 Before: Summary: Heard: Delivered: 18th September 2023 18th September 2023 G. Dodin SENTENCE G. Dodin, Judge. [1] The convict is 22 years old lady. She has pleaded guilty and saved the court's time and expenses of a trial. She has shown remorse. She has a daughter of 3 years old who is dependent on her. She is also engaged in part-time work and as Counsel has stated, she is trying to better her life and ways and admitted that before she was a drug user but now she has ceased using the illegal substances. [2] I also note that the drugs are on the very low side and Count 1, although it's a class A drug, it's of minimum weight of 2.24 grams and count 2 is a class B 9.15 grams of Cannabis resin. She is also a first offender. The drugs are also of no commercial value, so it was clearly either for personal use or she had no intention of selling them. No other vulnerable person was included in the commission of the offences. [3] Having taken all that into consideration, I impose the following sentences; (i) On Count 1, 6 months imprisonment which is suspended for a year plus a fine of SR 2000. (ii) For Count 2, a fine of SR 1000 only. (iii) She can pay the fine within 6 months. She can pay by instalments and any default, if after 6 months she has not paid the fine, a Sentence of 6 months imprisonment would be imposed. (iv) She must not commit any similar offence for a period of one year whilst she is on suspended Sentence, otherwise the suspended Sentence will be activated. [4] She can appeal against the Sentences within 30 working days. Signed, dated and delivered at Ile du Port 18th September 2023. Dodin J. 2