Republic V Alphonse & Or (CO 35/2015) [2016] SCSC 155 (9 March 2016)

Republic V Alphonse & Or (CO 35/2015) [2016] SCSC 155 (9 March 2016)

A starting point of four years imprisonment is justified for possession of a hard drug, but a 25% reduction is warranted for the guilty plea, resulting in a sentence of three years imprisonment for each accused.

Citation
[2016] SCSC 155
Parties
Prosecution: The Republic; First Accused: Terrence Davis Alphonse; Second Accused: Charles Ogilvy Ventigadoo
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 March 2016
Case Number
CO 35/2015
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence
Legal Topics
Possession of Controlled Drugs, Sentencing, Mitigation
Source Language
English
Criminal Law Possession of Controlled Drugs Sentencing Mitigation

Case Brief

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Parties

The Republic

Prosecution

Terrence Davis Alphonse

First Accused

Charles Ogilvy Ventigadoo

Second Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of a controlled drug
  2. 2 Consideration of guilty plea and mitigation in sentencing

Ratio Decidendi

A starting point of four years imprisonment is justified for possession of a hard drug, but a 25% reduction is warranted for the guilty plea, resulting in a sentence of three years imprisonment for each accused.

Court Disposition

Conviction and sentence

Orders

  • Each accused sentenced to three years imprisonment
  • Time spent in custody to be taken into account in calculating release dates