Alcindor v R (CN 49/2012) [2013] SCSC 145 (23 September 2013)

Alcindor v R (CN 49/2012) [2013] SCSC 145 (23 September 2013)

The appellant's defence was a recent fabrication unsupported by evidence, and the prosecution's case was credible. Although the law changed after the offence to remove the minimum mandatory sentence, this change was not incorporated into domestic law and thus does not apply retroactively. However, considering the small quantity and first offender status, the minimum mandatory sentence of five years is appropriate, not six years.

Citation
[2013] SCSC 145
Parties
Appellant: Kelson Alcindor; Respondent: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 September 2013 23 September 2013 15 May 2013
Case Number
CN 49/2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; sentence varied
Legal Topics
Possession of Controlled Drugs, Sentencing, Appeal Procedure
Source Language
English
Criminal Law Possession of Controlled Drugs Sentencing Appeal Procedure

Case Brief

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Parties

Kelson Alcindor

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial magistrate erred in rejecting the appellant's defence
  2. 2 Whether the sentence imposed was harsh and excessive
  3. 3 Whether subsequent legislative changes reducing minimum sentences should apply retroactively

Ratio Decidendi

The appellant's defence was a recent fabrication unsupported by evidence, and the prosecution's case was credible. Although the law changed after the offence to remove the minimum mandatory sentence, this change was not incorporated into domestic law and thus does not apply retroactively. However, considering the small quantity and first offender status, the minimum mandatory sentence of five years is appropriate, not six years.

Court Disposition

Appeal against conviction dismissed; sentence varied

Orders

  • Conviction upheld
  • Sentence reduced from six years to five years imprisonment