R vs Breugelmans and others (Criminal Side No: 27 of 2010) [2013] SCSC 8 (30 January 2013)

R vs Breugelmans and others (Criminal Side No: 27 of 2010) [2013] SCSC 8 (30 January 2013)

The 3rd and 4th accused, by their voluntary acts of transporting the 2nd accused who possessed the controlled drug, aided and abetted the trafficking of heroin. The prosecution proved all elements of the offence beyond reasonable doubt, including knowledge and intention. The charge was not defective as the court could convict on the pure quantity. No prejudice was caused by the loss of exhibits or denial of trial de novo.

Citation
[2013] SCSC 8
Parties
Prosecution: Republic; 1st Accused: Natascha Breugelmans; 2nd Accused: Kenneth Bibi; 3rd Accused: Neresia Pool; 4th Accused: Dorian Hoareau
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 January 2013
Case Number
Criminal Side No: 27 of 2010
Procedural Posture
Criminal / Judgment After Trial
Outcome
Conviction
Legal Topics
Trafficking in Controlled Drugs, Aiding and Abetting, Conspiracy, Evidence, Presumption of Trafficking
Source Language
English
Criminal Law Drug Offences Trafficking in Controlled Drugs Aiding and Abetting Conspiracy Evidence Presumption of Trafficking

Case Brief

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Parties

Republic

Prosecution

Natascha Breugelmans

1st Accused

Kenneth Bibi

2nd Accused

Neresia Pool

3rd Accused

Dorian Hoareau

4th Accused

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the 3rd and 4th accused aided and abetted trafficking of a controlled drug
  2. 2 Whether the prosecution proved all elements of the offence beyond reasonable doubt
  3. 3 Whether the charge was defective for not specifying pure weight of heroin

Ratio Decidendi

The 3rd and 4th accused, by their voluntary acts of transporting the 2nd accused who possessed the controlled drug, aided and abetted the trafficking of heroin. The prosecution proved all elements of the offence beyond reasonable doubt, including knowledge and intention. The charge was not defective as the court could convict on the pure quantity. No prejudice was caused by the loss of exhibits or denial of trial de novo.

Court Disposition

Conviction

Orders

  • The 3rd accused Neresia Pool and 4th accused Dorian Hoareau are found guilty of aiding and abetting trafficking in a controlled drug and are convicted accordingly.