R vs Barreau (CO 26.2011) [2014] SCSC 104 (19 March 2014)

R vs Barreau (CO 26.2011) [2014] SCSC 104 (19 March 2014)

The prosecution proved beyond reasonable doubt that the accused was in possession and had knowledge of the controlled drugs (heroin and cannabis) found in his house, and the chain of custody was established. The evidence of the prosecution was corroborated and credible, while the defence was rejected as inconsistent and unconvincing.

Citation
[2014] SCSC 104
Parties
Prosecutor: The Republic; Accused: Francis Barreau
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 March 2014
Case Number
CO 26.2011
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Possession of Controlled Drugs, Chain of Custody, Credibility of Witnesses
Source Language
English
Criminal Law Possession of Controlled Drugs Chain of Custody Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecutor

Francis Barreau

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was in possession of a controlled drug (heroin and cannabis) contrary to the Misuse of Drugs Act
  2. 2 Whether the prosecution proved the elements of possession and knowledge beyond reasonable doubt
  3. 3 Whether the chain of custody of the exhibits was established

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused was in possession and had knowledge of the controlled drugs (heroin and cannabis) found in his house, and the chain of custody was established. The evidence of the prosecution was corroborated and credible, while the defence was rejected as inconsistent and unconvincing.

Court Disposition

conviction

Orders

  • The accused is found guilty and convicted of possession of 1.25 grams of heroin.
  • The accused is found guilty and convicted of possession of 0.09 grams of cannabis herbal materials.