R v Brioche & Ors (CO 2/2013) [2018] SCSC 8165 (16 May 2018)

R v Brioche & Ors (CO 2/2013) [2018] SCSC 8165 (16 May 2018)

The accused were found guilty based on evidence of possession, conspiracy, and active participation in trafficking large quantities of controlled drugs. Sentences were imposed according to statutory guidelines, with consideration of roles, mitigating factors, and prior convictions.

Citation
[2018] SCSC 8165
Parties
Prosecution: The Republic; First Accused: Roy Brioche; Second Accused: Robert Jean; Third Accused: Danny Bresson; Fourth Accused: Franky Thelermont; Fifth Accused: Naddy Delorie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 May 2018
Case Number
CO 2/2013
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
Conviction and custodial sentences imposed.
Legal Topics
Drug Trafficking, Conspiracy, Possession of Controlled Substances, Sentencing, Mitigation, Jurisdiction
Source Language
English
Criminal Law Drug Trafficking Conspiracy Possession of Controlled Substances Sentencing Mitigation Jurisdiction

Case Brief

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Parties

The Republic

Prosecution

Roy Brioche

First Accused

Robert Jean

Second Accused

Danny Bresson

Third Accused

Franky Thelermont

Fourth Accused

Naddy Delorie

Fifth Accused

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 Whether the accused were guilty of trafficking in controlled drugs
  2. 2 Whether the accused conspired to traffic in controlled drugs
  3. 3 Degree of participation of each accused

Ratio Decidendi

The accused were found guilty based on evidence of possession, conspiracy, and active participation in trafficking large quantities of controlled drugs. Sentences were imposed according to statutory guidelines, with consideration of roles, mitigating factors, and prior convictions.

Court Disposition

Conviction and custodial sentences imposed.

Orders

  • Roy Brioche sentenced to 20 years imprisonment on count 1, 20 years on count 2, 4 years on count 3, 4 years on count 4, and 20 years on count 8, all to run concurrently.
  • Robert Jean sentenced to 26 months imprisonment on count 2 and 26 months on count 8, to run concurrently.