R v Cesar (Sentence) (CO 41/2016) [2017] SCSC 174 (20 February 2017)

R v Cesar (Sentence) (CO 41/2016) [2017] SCSC 174 (20 February 2017)

The accused was sentenced based on the aggravated nature of the offence, the quantity of drugs involved, and his previous convictions, but the sentence was mitigated due to his guilty plea and personal circumstances.

Source-derived case information.

Citation
[2017] SCSC 174
Parties
Prosecution: The Republic; Accused: Desire Cesar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 February 2017
Case Number
CO 41/2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Sentencing, Aggravated Offences
Source Language
english
Criminal Law Drug Offences Sentencing Aggravated Offences

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Desire Cesar

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused is guilty of trafficking in a controlled drug under the Misuse of Drugs Act 2016
  2. 2 Appropriate sentence for aggravated drug trafficking

Ratio Decidendi

The accused was sentenced based on the aggravated nature of the offence, the quantity of drugs involved, and his previous convictions, but the sentence was mitigated due to his guilty plea and personal circumstances.

Court Disposition

convicted and sentenced

Orders

  • 6 years imprisonment
  • Fine of SR25,000 to be paid before completion of sentence