R v Bastienne (CRS 07/2020) [2020] SCSC 539 (6 July 2020)

R v Bastienne (CRS 07/2020) [2020] SCSC 539 (6 July 2020)

The presence of a substantial amount of cash with the drugs indicated trafficking rather than personal use, justifying conviction under section 7(1) of the Misuse of Drugs Act 2016. Mitigating factors warranted a suspended sentence and a fine.

Source-derived case information.

Citation
[2020] SCSC 539
Parties
Prosecutor: The Republic; Accused: Lenny Bastienne
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 July 2020
Case Number
CRS 07/2020
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
conviction and sentence
Legal Topics
Trafficking in Controlled Drugs, Sentencing, Mitigation
Source Language
english
Criminal Law Trafficking in Controlled Drugs Sentencing Mitigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Republic

Prosecutor

Lenny Bastienne

Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the accused is guilty of trafficking in a controlled drug under section 7(1) of the Misuse of Drugs Act 2016
  2. 2 Appropriate sentence for the offence considering mitigating and aggravating factors

Ratio Decidendi

The presence of a substantial amount of cash with the drugs indicated trafficking rather than personal use, justifying conviction under section 7(1) of the Misuse of Drugs Act 2016. Mitigating factors warranted a suspended sentence and a fine.

Court Disposition

conviction and sentence

Orders

  • Two years imprisonment suspended for two years
  • Fine of SR 15,000 to be paid within 30 days