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Seychelles decisions
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Cheng Sheng Kuie v The Financial Services Authority (CA 1 of 2022) [2024] SCSC 185 (18 November 2024)
The Supreme Court dismissed an appeal against the FSA Appeals Board, holding it was filed 8 days out of time and that the delay was fatal.
In re the Proceeds of Crime (Civil Confiscation) Act, 2008 The Government of Seychelles v Roselie (MC 60 of 2024) [2024] SCSC 179 (15 November 2024)
The Supreme Court of Seychelles granted a disposal order under the Proceeds of Crime (Civil Confiscation) Act, transferring SCR 7,451,506.56 to the Republic.
Filippo v Huobi Global Limited (CS 92 of 2023) [2024] SCSC 174 (15 November 2024)
The Supreme Court of Seychelles found Huobi Global Limited liable in fault for permitting stolen cryptocurrency to remain on its platform and ordered transfer of 24.61 bitcoins to the plaintiff.
The Republic v Leeroy Pierre & Ors (CO 30/2022) [2024] SCSC 182 (11 November 2024)
A non-custodial sentence is appropriate due to the accused's guilty plea, remorse, the misdemeanor nature of the offence, and absence of aggravating circumstances, but the seriousness of the act in a public entertainment venue warrants a deterrent sentence. The accused is sentenced to one-year imprisonment suspended for two years and a fine of 10,000 Seychelles rupees, with default imprisonment for non-payment.
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R v Pierre & Ors (CO 30 of 2022) [2024] SCSC 183 (11 November 2024)
The Supreme Court of Seychelles sentenced a guilty-pleading accused for threatening violence, imposing a suspended one-year prison term and a SCR 10,000 fine.
R v Nanyondo (CO 37 of 2024) [2024] SCSC 170 (4 November 2024)
The Supreme Court of Seychelles sentenced Teddy Birungi Nanyondo to 8 years for importing cocaine in two counts, with remand time deducted and no remission.
R v Tamires Souza Hurbath Dos Santos (CR 49 of 2024) [2024] SCSC 209 (31 October 2024)
The sentence of 26 years imprisonment is justified by the large quantity of cocaine imported, the commercial element of the offence, and the need for deterrence, despite mitigating factors such as the accused's guilty plea and personal circumstances.
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Government of Seychelles v Padayachy (MC 97 of 2023) [2024] SCSC 194 (28 October 2024)
The application was denied because it was prosecuted by an incompetent party; only the FCIU has statutory capacity to bring such applications under section 4 of POCCCA. The Government of Seychelles, as applicant, lacked standing. Substantively, the evidence did not establish that the entirety of the specified property was proceeds of crime, and the Respondent provided plausible explanations for at least part of the funds.
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Blomestein v The Government of Seychelles & Ors (MA 08 of 2024 (Arising in CP 09 of 2023)) [2024] SCCC 7 (25 October 2024)
The Constitutional Court dismissed a petition and refused amendment, holding the new challenge was out of time and the movement restrictions were lawful.
R v Khudabin (CO 43 of 2022) [2024] SCSC 165 (25 October 2024)
The aggravating factors, including the use of highly flammable gasoline, the risk to life in a densely populated area, and the extensive damage caused, outweighed the mitigating factors such as the accused being a first offender and his personal circumstances. Therefore, a custodial sentence and a substantial fine were appropriate.
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