R v Cesar (CO 92/2019) [2020] SCSC 556 (20 July 2020)

R v Cesar (CO 92/2019) [2020] SCSC 556 (20 July 2020)

Given the small quantity of drug for personal use, the convict's guilty plea, lack of aggravating circumstances, and troubled background, a suspended sentence and fine are appropriate.

Citation
[2020] SCSC 556
Parties
Prosecution: Republic; Accused: Akim Cesar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 July 2020
Case Number
CO 92/2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Mitigation
Source Language
English
Criminal Law Drug Offences Sentencing Mitigation

Case Brief

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Parties

Republic

Prosecution

Akim Cesar

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for trafficking in a controlled drug (Cannabis)
  2. 2 Consideration of mitigating factors in sentencing

Ratio Decidendi

Given the small quantity of drug for personal use, the convict's guilty plea, lack of aggravating circumstances, and troubled background, a suspended sentence and fine are appropriate.

Court Disposition

Convicted and sentenced

Orders

  • 6 months imprisonment suspended for 2 years
  • Fine of SCR 10,000