R v Confiance (CO 18/2017) [2017] SCSC 644 (12 July 2017)

R v Confiance (CO 18/2017) [2017] SCSC 644 (12 July 2017)

Given the accused's age, first offender status, guilty plea, remorse, lack of aggravating factors, and low quantity of drugs, a non-custodial sentence is appropriate.

Source-derived case information.

Citation
[2017] SCSC 644
Parties
Prosecution: The Republic; Accused: Neil Confiance
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 July 2017
Case Number
CO 18/2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and fined
Legal Topics
Drug Offences, Sentencing, Mitigation
Source Language
english
Criminal Law Drug Offences Sentencing Mitigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Neil Confiance

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for possession of heroin
  2. 2 consideration of mitigating factors in sentencing

Ratio Decidendi

Given the accused's age, first offender status, guilty plea, remorse, lack of aggravating factors, and low quantity of drugs, a non-custodial sentence is appropriate.

Court Disposition

convicted and fined

Orders

  • Fine of Rs30,000 to be paid within 6 months; in default, 1 year imprisonment.
  • No similar offence within 2 years or face imprisonment.