R v Clarisse (CO 43/2016) [2017] SCSC 396 (7 May 2017)

R v Clarisse (CO 43/2016) [2017] SCSC 396 (7 May 2017)

The prosecution proved beyond reasonable doubt that the accused was in possession of heroin with intent to traffic, both in his pocket and at his residence. The chain of custody was maintained and unchallenged. Entrapment is not a substantive defence in Seychelles law and, even if available, would not apply to the facts. The accused failed to rebut the statutory presumption of intent to traffic.

Citation
[2017] SCSC 396
Parties
Prosecution: The Republic; Accused: Derrick Clarisse
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 May 2017
Case Number
CO 43/2016
Procedural Posture
Criminal / Judgment
Outcome
Conviction on counts 1 and 3; count 2 remains on file as alternative.
Legal Topics
Drug Trafficking, Controlled Substances, Entrapment, Chain of Custody
Source Language
English
Criminal Law Drug Trafficking Controlled Substances Entrapment Chain of Custody

Case Brief

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Parties

The Republic

Prosecution

Derrick Clarisse

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused trafficked in a controlled drug contrary to the Misuse of Drugs Act 2016
  2. 2 Whether the chain of custody of the exhibits was maintained
  3. 3 Whether the defence of entrapment is available under Seychelles law

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused was in possession of heroin with intent to traffic, both in his pocket and at his residence. The chain of custody was maintained and unchallenged. Entrapment is not a substantive defence in Seychelles law and, even if available, would not apply to the facts. The accused failed to rebut the statutory presumption of intent to traffic.

Court Disposition

Conviction on counts 1 and 3; count 2 remains on file as alternative.

Orders

  • The accused is found guilty and convicted on count 1 (trafficking in a controlled drug) and count 3 (trafficking in a controlled drug by possession with intent to traffic).
  • Count 2 remains on file as it is alternative to count 1.