R v Cesar (CO 91/2019) [2020] SCSC 565 (27 July 2020)

R v Cesar (CO 91/2019) [2020] SCSC 565 (27 July 2020)

The court imposed concurrent custodial sentences due to the seriousness of the offences, the use of a weapon in obstructing an officer, and the classification of the drug as Class A, but reduced the sentence considering the guilty plea, first offender status, and inordinate delay.

Citation
[2020] SCSC 565
Parties
Prosecutor: Republic; Accused: Akim Cesar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 July 2020
Case Number
CO 91/2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and custodial sentence imposed
Legal Topics
Drug Offences, Obstruction of Justice, Sentencing
Source Language
English
Criminal Law Drug Offences Obstruction of Justice Sentencing

Case Brief

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Parties

Republic

Prosecutor

Akim Cesar

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for trafficking in a controlled drug (Heroin)
  2. 2 Appropriate sentence for obstructing an officer of the NDEA

Ratio Decidendi

The court imposed concurrent custodial sentences due to the seriousness of the offences, the use of a weapon in obstructing an officer, and the classification of the drug as Class A, but reduced the sentence considering the guilty plea, first offender status, and inordinate delay.

Court Disposition

Conviction and custodial sentence imposed

Orders

  • Convict sentenced on Count 1 to 6 months imprisonment
  • Convict sentenced on Count 2 to 3 months imprisonment