R v Benoiton (SC CR NO. 19/2015) [2015] SCSC 79 (17 March 2015)

R v Benoiton (SC CR NO. 19/2015) [2015] SCSC 79 (17 March 2015)

Given the seriousness of the offence, the large quantity of drugs, and the legislative intent for mandatory life imprisonment, bail is generally denied. However, the second accused's severe medical condition justifies bail on strict conditions.

Citation
[2015] SCSC 79
Parties
Prosecutor: The Republic; Accused: Christopher Benoiton; Accused: Elvis Figaro
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 March 2015
Case Number
SC CR NO. 19/2015
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Bail granted to second accused on strict conditions; first accused remanded.
Legal Topics
Bail, Drug Trafficking, Controlled Substances
Source Language
English
Criminal Law Bail Drug Trafficking Controlled Substances

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Parties

The Republic

Prosecutor

Christopher Benoiton

Accused

Elvis Figaro

Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused persons should be granted bail pending trial for trafficking in a controlled drug

Ratio Decidendi

Given the seriousness of the offence, the large quantity of drugs, and the legislative intent for mandatory life imprisonment, bail is generally denied. However, the second accused's severe medical condition justifies bail on strict conditions.

Court Disposition

Bail granted to second accused on strict conditions; first accused remanded.

Orders

  • Second accused released on cash bail of SR 25,000 with two sureties of SR 50,000 each.
  • Second accused to surrender travel documents and not leave Mahe Island without court leave.