R v Albert (CS 45/1997) [1997] SCSC 19 (4 December 1997)

R v Albert (CS 45/1997) [1997] SCSC 19 (4 December 1997)

The court found the accused guilty beyond a reasonable doubt on both counts. For count 1, the court accepted the police officers' evidence that the accused was in possession of the waist bag containing cannabis resin and cash, rejecting the defence of planting and fabrication. For count 2, the court held that the statutory presumption of trafficking applied to the block of cannabis resin found in the wardrobe, and the accused failed to rebut the presumption. The court also found no duplicity in the charges.

Citation
[1997] SCSC 19
Parties
Prosecution: The Republic; Accused: Albert
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 December 1997
Case Number
CS 45/1997
Procedural Posture
Criminal / Judgment
Outcome
Guilty on both counts
Legal Topics
Trafficking in Controlled Drugs, Possession of Controlled Drugs, Evidentiary Presumptions, Burden of Proof, Chain of Custody
Source Language
English
Criminal Law Drug Offences Trafficking in Controlled Drugs Possession of Controlled Drugs Evidentiary Presumptions Burden of Proof Chain of Custody

Case Brief

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Parties

The Republic

Prosecution

Albert

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was in possession of cannabis resin for the purpose of trafficking under section 5 of the Misuse of Drugs Act (Cap 133)
  2. 2 Whether the presumption of trafficking under section 14(d) applies to the accused for possession of more than 25 grams of cannabis resin
  3. 3 Whether the defence of police planting drugs is credible

Ratio Decidendi

The court found the accused guilty beyond a reasonable doubt on both counts. For count 1, the court accepted the police officers' evidence that the accused was in possession of the waist bag containing cannabis resin and cash, rejecting the defence of planting and fabrication. For count 2, the court held that the statutory presumption of trafficking applied to the block of cannabis resin found in the wardrobe, and the accused failed to rebut the presumption. The court also found no duplicity in the charges.

Court Disposition

Guilty on both counts

Orders

  • The accused is found guilty of trafficking in a controlled drug under count 1.
  • The accused is found guilty of trafficking in a controlled drug under count 2.