R v Cesar (CO 47/2021) [2021] SCSC 959 (23 July 2021)

R v Cesar (CO 47/2021) [2021] SCSC 959 (23 July 2021)

Given the absence of aggravating factors, the convict's guilty plea, and mitigating circumstances, a custodial sentence is not warranted. Fines and a suspended sentence are appropriate.

Citation
[2021] SCSC 959
Parties
Prosecutor: The Republic; Accused: Bruce Pierre Cesar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 July 2021
Case Number
CO 47/2021
Procedural Posture
Criminal / Sentencing After Guilty Plea and Mitigation
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Drug Offences, Mitigation
Source Language
English
Criminal Law Sentencing Drug Offences Mitigation

Case Brief

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Parties

The Republic

Prosecutor

Bruce Pierre Cesar

Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea and Mitigation

Legal Issues

  1. 1 Appropriate sentence for possession and trafficking of Class B drugs

Ratio Decidendi

Given the absence of aggravating factors, the convict's guilty plea, and mitigating circumstances, a custodial sentence is not warranted. Fines and a suspended sentence are appropriate.

Court Disposition

Convicted and sentenced

Orders

  • Count 1: Fine of Rs7000/-
  • Count 2: One year imprisonment suspended for two years on condition of no similar offence, plus fine of Rs10,000/-