R vs Hermitte (CO 40.2010) [2014] SCSC 22 (24 January 2014)

R vs Hermitte (CO 40.2010) [2014] SCSC 22 (24 January 2014)

The prosecution proved beyond reasonable doubt that the accused was in physical possession of the controlled drug, the chain of custody was established, and the accused failed to rebut the presumption of trafficking.

Citation
[2014] SCSC 22
Parties
Prosecution: The Republic; Accused: Leo Hermitte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 January 2014
Case Number
CO 40.2010
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Drug Trafficking, Possession of Controlled Substances, Chain of Custody, Evidence Evaluation
Source Language
English
Criminal Law Drug Trafficking Possession of Controlled Substances Chain of Custody Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Leo Hermitte

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was in possession of a controlled drug
  2. 2 Whether the chain of custody was maintained
  3. 3 Whether the presumption of trafficking applies and was rebutted

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused was in physical possession of the controlled drug, the chain of custody was established, and the accused failed to rebut the presumption of trafficking.

Court Disposition

conviction

Orders

  • The accused is found guilty as charged and convicted of trafficking in a controlled drug.