R v Chang-Tave & Ors (CO 55/2020) [2021] SCSC 980 (12 August 2021)

R v Chang-Tave & Ors (CO 55/2020) [2021] SCSC 980 (12 August 2021)

Both convicts directly participated in laundering proceeds from drug trafficking, fully aware of the antecedent offence for which they have already been punished. The court imposed concurrent sentences for money laundering, taking into account their prior sentences, guilty pleas, and mitigating circumstances, but maintained custodial and financial penalties to reflect the seriousness of the offences.

Citation
[2021] SCSC 980
Parties
Prosecution: The Republic; 1st Convict: Natasia Samentha Chang Tave; 2nd Convict: Steve Percy Chang Tave; 3rd Accused: Nichol Gabriel; 4th Accused: Michael Bastienne; 5th Accused: Garry Albert
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 August 2021
Case Number
CO 55/2020
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Conviction and sentencing
Legal Topics
Money Laundering, Conspiracy, Sentencing, Drug Offences
Source Language
English
Criminal Law Money Laundering Conspiracy Sentencing Drug Offences

Case Brief

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Parties

The Republic

Prosecution

Natasia Samentha Chang Tave

1st Convict

Steve Percy Chang Tave

2nd Convict

Nichol Gabriel

3rd Accused

Michael Bastienne

4th Accused

Garry Albert

5th Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for conspiracy to commit money laundering and money laundering under the Anti-Money Laundering Act
  2. 2 Consideration of antecedent drug offences in sentencing for money laundering

Ratio Decidendi

Both convicts directly participated in laundering proceeds from drug trafficking, fully aware of the antecedent offence for which they have already been punished. The court imposed concurrent sentences for money laundering, taking into account their prior sentences, guilty pleas, and mitigating circumstances, but maintained custodial and financial penalties to reflect the seriousness of the offences.

Court Disposition

Conviction and sentencing

Orders

  • 1st convict sentenced to three years imprisonment and SCR 25,000 fine on each of two counts, to run concurrently; in default of payment, six months imprisonment to run consecutively.
  • 2nd convict sentenced to three years imprisonment and SCR 25,000 fine on each of two counts, to run concurrently; in default of payment, six months imprisonment to run consecutively.