R v Agathine (CO 38/2005) [2005] SCSC 67 (17 June 2005)

R v Agathine (CO 38/2005) [2005] SCSC 67 (17 June 2005)

The seriousness of the offence, determined by the minimum mandatory sentence and the prevalence of such offences, justifies remand in custody pending trial under Article 18(7)(b) of the Constitution. The trivial quantity of drug does not negate the seriousness when considered with other factors.

Citation
[2005] SCSC 67
Parties
Prosecutor: Republic; Defendant: Agathine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 June 2005
Case Number
CO 38/2005
Procedural Posture
Criminal / Bail Application / Remand Pending Trial
Outcome
remand in custody pending trial
Legal Topics
Bail, Remand, Controlled Drugs, Seriousness of Offence
Source Language
English
Criminal Law Bail Remand Controlled Drugs Seriousness of Offence

Case Brief

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Parties

Republic

Prosecutor

Agathine

Defendant

Procedural Posture

Criminal / Bail Application / Remand Pending Trial

Legal Issues

  1. 1 Whether the seriousness of the offence justifies remand in custody pending trial under Article 18(7) of the Constitution and Section 179 of the Criminal Procedure Code
  2. 2 Whether the quantity of controlled drug involved negates the seriousness of the offence

Ratio Decidendi

The seriousness of the offence, determined by the minimum mandatory sentence and the prevalence of such offences, justifies remand in custody pending trial under Article 18(7)(b) of the Constitution. The trivial quantity of drug does not negate the seriousness when considered with other factors.

Court Disposition

remand in custody pending trial

Orders

  • Defendant remanded in prison custody pending trial
  • Bail application declined