R v Azemia (CO 83/2020) [2021] SCSC 988 (10 September 2021)

R v Azemia (CO 83/2020) [2021] SCSC 988 (10 September 2021)

Despite mitigating factors, possession of dangerous weapons without lawful authority warrants a custodial sentence to serve as a deterrent, even if short, given the seriousness of the offence.

Citation
[2021] SCSC 988
Parties
Prosecution: The Republic; Accused: Jimmy Roy Azemia
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 September 2021
Case Number
CO 83/2020
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Firearms Offences, Sentencing, Possession of Offensive Weapons
Source Language
English
Criminal Law Firearms Offences Sentencing Possession of Offensive Weapons

Case Brief

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Parties

The Republic

Prosecution

Jimmy Roy Azemia

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for unlawful possession of firearms, ammunition, and offensive weapons under section 84(1) of the Penal Code?

Ratio Decidendi

Despite mitigating factors, possession of dangerous weapons without lawful authority warrants a custodial sentence to serve as a deterrent, even if short, given the seriousness of the offence.

Court Disposition

conviction and custodial sentence

Orders

  • Two years imprisonment imposed on the convict.
  • Time spent on remand shall form part of the sentence.