Albert v R (SCA 25 of 1997) [1998] SCCA 49 (9 April 1998)
The evidence did not support a conviction for trafficking but did support possession of a controlled drug; the conviction was substituted and sentence imposed accordingly.
Source-derived case information.
- Citation
- [1998] SCCA 49
- Parties
- Appellant: Gary Albert; Respondent: The Republic
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 25 of 1997
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal partly allowed and partly dismissed
- Legal Topics
- Drug Offences, Appeal, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gary Albert
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for trafficking was proper
- 2 Appropriate sentence for possession of a controlled drug
Ratio Decidendi
The evidence did not support a conviction for trafficking but did support possession of a controlled drug; the conviction was substituted and sentence imposed accordingly.
Court Disposition
appeal partly allowed and partly dismissed
Orders
- Conviction and sentence for trafficking set aside
- Conviction for possession of a controlled drug substituted under Section 26(2) of the Misuse of Drugs Act (Chapter 133)
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL GARY ALBERT APPELLANT Q. Versus THE REPUBLIC RESPONDENT ) RT Lisk c.) 44, 1/4•nn S EY Ck` [Before: Goburdhun, P., Silungwe & Ayoola JJ. AJ Criminal Appeal No:25 of 1997 Mrs. N. Tirant for the Appellant Mr. A. Fernando for the Respondent JUDGMENT OF THE COURT The appeal in respect of the first count is allowed. The conviction and sentence on the first count for the offence of trafficking is set aside. In place therefor is substituted pursuant to Section 26(2) of the Misuse of Drugs Act (Chapter 133) a conviction for possession of a controlled drug contrary to Section 6 of the Misuse of Drugs Act (Chapter 133) and sentenced to a term of 3 years imprisonment for that offence. The appeal against conviction and sentence on the second count is dismissed. 3. Sentences are to run consecutively. Reasons to follow. Dated at Victoria, Mahe this day of April 1998. H. GOBUR. DHUN PRESIDENT A. M. SILUNGWE JUSTICE OF APPEAL J,U,01)q/ E. O. AYOOLA JUSTICE OF APPEAL