R v Ifendi (CR 68 of 2021) [2021] SCSC 951 (3 December 2021)

IN THE SUPREME COURT OF SEYCHELLES REPUBLIC (rep. by Hemantli Kumar) And OZUBA Y IFENDI (rep. by Clifford Andre) Reportable [2021] SCSC 0:51 CR 68/2021 Prosecution Accused Neutral Citation: Republic v Ozubay Ifendi (CR6812021)[2021] sese .g:-?J.. (03 December 2021) Importation of a control drug, namely cocaine contrary to and punishable to section 5 of MOD A 2016 Vidot J 03rd December 2021 SENTENCE Summary: Before: Heard: Delivered: VIDOT J [1] Izubay Ifendi was charged with and pleaded guilty to one count of importation of a controlled drug, namely cocaine contrary to section 5 of Misuse of Drugs Act. He was accordingly convicted of the charge. [2] The particulars of the offence are that on the 14thJune 2021, the Accused who is a Ghana National, imported into Seychelles controlled drugs, which was analysed and found to be cocaine having a total weight of 701.98 grams with a purity content of 548.07 grams. The drugs were ingested in the form of pellets. He was apprehended by Police Officers. [3] The Accused who is a first time offender decided to call for a probation report. That request was acceded to and a report was prepared and presented to Court. [4] Counsel for the accused prayed for leniency on his client. He noted that his client pleaded guilty thereby saving the Court's precious time. The accused is 61 years old and married to two wives and 6 children, all of whom but on are underage. Counsel submitted that his client is remorseful. [5] Counsel further claim that his client was unaware of what he was carrying. He was asked by someone to carry the items to Seychelles where he had been booked for a working visit to do with evaluating property at the Four Season Resort. To suggest that the accused was unaware that he was carrying drugs which he had ingested in an affront to human intelligence. Nonetheless, I note that Counsel's mitigation on that matter is totally contrary to what the accused recounted to the Probation Officer. In the probation report, the accused had reported that he was in financial difficulties when someone approached him about a job in Seychelles. The person whose job he was to undertake, had come to him just before he left and had given him the drugs to import into Seychelles. He said he refused, but the person threatened to harm his family and therefore he felt defenceless and was left with no choice but to oblige that person's request. He knew he was to facilitate a drug transaction. [6] I shall in meting out sentence consider mitigation made by Counsel and the probation report. The accused has also co-operated with the Police. Counsel, has also presented few authorities in support for a lenient sentence. He relies on Republic v Francis Emesta & Ors C022/2016 [2018] SCSC, Republic v Elvis D'unienville C047/2017 [2018] SCSC 892, Republic v Emerenthia Holder [2019] SCSC 416 CR 46/2018, Republic v Marcos Da Siva Reis [2019] sese 1037, eo 3712019 and Republic v Marcus Asman [2019] scse 582 C015/2019. [7] A guilty plea eams an accused credit as far as sentenced is concerned. Blackstone's Criminal Practice (2012),paragraph E.12 p2148, states that a guilty plea would in effect eam an accused a reduction in sentence as it saves time of the court and reduces considerable cost and in case of an early plea, also saves inconvenience of victims and witnesses to give evidence before court, and furthermore that a "reduction should be a proportion to the total sentence imposed calculated by reference to the circumstances in which the guilty plea was indicated, inparticular at what stage in theproceedings" I shall take that into consideration when passing sentences. [8] Therefore, in the circumstances I sentenced the Accused to 6 years' imprisonment, [9] Time spent on remand shall be discounted toward the sentence. [10] If unsatisfied with this sentence the Accused may appeal against the same within 30 working days from today. Signed, dated and delivered at Ile du Port / Victoria on 03 December 2021 3