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The Convict Denis Angelin Madeleine stands convicted on his own guilty plea to one count of possession of a controlled drug with intent to traffic contrary to Section 9 1 of the Misuse of Drugs Act , read with Section 7 1 and Section 19 1 and the 2 nd schedule of the same Act. The amount and type of drugs involved is The convict is a 58 year old father of 5 children but the first 4 are of age and no longer dependent on him, whilst the last minor child lives with her mother in Madagascar who is dependent on the convict. The Convict is a resident of La Digue but rents a property on Mahe which he shares and resides in when he comes to Mahe to sell his products, mainly fish. He suffers from chronic hypertension and diabetes for which he is on medication. When he is on La Digue he takes care of his elderly mother who is also on fail health. According to the Probation Services Report submitted to Court, the Convict had hitherto been a well-loved member of the La Digue Community and had never been known to partake in any illegal activity. Learned Counsel for the Convict has rehearsed the mitigating factors stated above and further moved the Court for a lenient sentence to be imposed on the Convict so as to allow the Convict who is well advanced in age to continue to be a productive member of the community. The Court recognize the mitigating factors related above and the hitherto impeccable character of the Convict. However, the Court also takes heed of the type of drugs involved, Cocaine, which is a Class A drug. The amount is not extremely high but it is of substantial concern, considering the dangers it can inflict on society at large had it found its way onto the market. Having given careful consideration to all the above, I find that this offence particularly considering the type and amount of drugs involved, should attract a strong deterrent sentence to underscore the fact that such offences cannot be tolerated as they have the effect of undermining the fabric of our society and places people both directly and indirectly involved at great risks and in harms way. Nevertheless, the Court is also minded to temper justice with mercy where appropriate and to always ensure that the sentence imposed commensurate with the offence and the circumstances surrounding its commission. It must also be noted that a harsh sentence does not always require the imposition of a firm prison sentence in all circumstances. In this case, the only outstanding circumstances in favour of the convict not warranting the immediate imposition of a sentence committing him to imprisonment are his advanced age and his chronic medical condition, in addition to him being a first time offender who has pleaded guilty and there being no evidence of the offence being an organized enterprise. One year imprisonment suspended for three years with condition that he does not commit any similar offence within the 3 years failing which the suspended sentence would be activated in full,. In addition to the above, a fine of Seychelles Rupees Thirty Thousand SCR30, to be paid within 6 months of today failing which he shall be committed to imprisonment for 6 months. Download DOCX Report Report a problem. Table of contents Search. Navigate document. Considering all the above, I impose the following sentence on the Convict: One year imprisonment suspended for three years with condition that he does not commit any similar offence within the 3 years failing which the suspended sentence would be activated in full, In addition to the above, a fine of Seychelles Rupees Thirty Thousand SCR30, to be paid within 6 months of today failing which he shall be committed to imprisonment for 6 months. The Convict may pay the fine by instalments. The Convict may appeal this sentence within 30 working days of today. Signed, dated and delivered at Ile du Port on 16 day of February

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Ralph Volcere, Facebook. Photo license. Seychelles News Agency - A group of citizens in Seychelles has launched a petition to lobby for the legalisation of cannabis in the island nation. Volcere who was an independent candidate for the district of Au Cap in the National Assembly elections last September was pushing for the legislation of cannabis for medicinal use and recreational purposes in his campaign message. The petition is asking the government to remove cannabis from the list of class A, B, or C drugs. Under the act, import, export and trafficking of controlled drugs are prohibited and a person shall not possess, smoke, consume or administer such a drug. A total of 5, signatures has been collected for the petition, which will close on Tuesday, August 15, on La Digue, the third-most populated island. In fact, the new legislation will provide for the orderly use of cannabis in authorised places and access to children will still not be permitted. Volcere proposes that the age limit be 21 and that it would be illegal to drive under the influence of cannabis. Volcere told SNA that his own research in Seychelles, a group of islands in the western Indian Ocean, showed that most people who used cannabis before and who are now on heroin did so when there the substance was not available on the market. Cannabis is derived from the plant cannabis sativa which grows wild in many tropical areas of the world. It is used in two main forms: marijuana, made from the leaves and flowers of the plant; and hashish, made from a resin found in the plant. The main active ingredient in cannabis is called delta-9 tetrahydro-cannabinol, commonly known as THC. This is the part of the plant that gives the 'high. In Seychelles, cannabis has been used for a long, undocumented period. Prior to the entry of heroin in the country, the substance was accessible to the public through the black market. Noella Gonthier, the director of CARE Campaign for Awareness , Resilience and Education an organisation leading the fight against substance abuse since , expressed her concern about the petition. She added that CARE is fully cognizant of the medicinal potentials of cannabis but this has to be done under proper control and in the right hands. Gonthier told SNA that the debate on cannabis has been brought into the living rooms of all families through the media which has led to an increase in the belief that using it is normal. The director of CARE said that the decision should be based on the research of a reputable medical and scientific community and not of the vested interest of cannabis proponents. A concerned citizen, Juna Kilindo, said that she is not in favour of legalizing cannabis because of its negative impact on the society. Meanwhile, a cannabis user, Ian Moses, said that he is all for legalizing cannabis as it can be a solution to control the propagation and usage of heroin. Cannabis is a plant of nature. Pascal Chang Leng, who is a naturopath, told SNA that he is in favour of legalizing cannabis for medical purpose. It is a relatively safe and harmless plant, safer than many other unhealthy and harmful substances that are already legally accessible on the market. The naturopath said there is high level, gold-standard scientific evidence to support the use of cannabis for anorexia, nausea and pain. In contrast, the public health commissioner, Jude Gedeon, told SNA that the department of health position on the issue remains. Gedeon said that health wise, cannabis as a smoking product has a negative effect on the mental health of human being. After the signing of the petition is closed, an original copy will be handed over to President Danny Faure for evaluation and a copy will be given to the Speaker of the National Assembly , Patrick Pillay. Ralph Volcere, Facebook Photo license. Send to Kindle. Volcere said a large number of youths are hooked on heroin and if nothing is done apart from lip service it is going to get much worse. National » General 1 hour ago. National » General October 16, , Wednesday National » General October 15, , Tuesday National » General October 9, , Wednesday National » General. National » Politics. Archives Date: » Advanced search. Marijuana is made from the leaves of the Cannabis plant.

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R v Madeleine (CO 4 of 2023) \\[2024\\] SCSC 21 (16 February 2024)

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