R v Dubignon (CO 3/1998) [1998] SCSC 17 (27 October 1998)

R v Dubignon (CO 3/1998) [1998] SCSC 17 (27 October 1998)

Count 1 is not bad for duplicity as the charge alleges a single criminal activity of importation, including preparatory acts. The court has jurisdiction over preparatory acts done outside Seychelles if they relate to an offence under the Misuse of Drugs Act. The prosecution proved beyond reasonable doubt that the accused caused the importation of cannabis resin by arranging, financing, and facilitating the shipment from Kenya to Seychelles, corroborated by independent evidence. For count 2, the accused's promise of R200,000 to a public officer to facilitate removal of drugs constitutes official corruption, and the prosecution proved the charge beyond reasonable doubt.

Citation
[1998] SCSC 17
Parties
Prosecution: Republic; Accused: Tony Dubignon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 October 1998
Case Number
CO 3/1998
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Importation of Controlled Drugs, Official Corruption, Jurisdiction, Evidence—corroboration, Accomplice Testimony
Source Language
English
Criminal Law Drug Offences Corruption Importation of Controlled Drugs Official Corruption Jurisdiction Evidence—corroboration Accomplice Testimony

Case Brief

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Parties

Republic

Prosecution

Tony Dubignon

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether count 1 is bad for duplicity
  2. 2 Whether the court has jurisdiction over acts committed outside Seychelles
  3. 3 Whether the prosecution proved importation of controlled drugs beyond reasonable doubt

Ratio Decidendi

Count 1 is not bad for duplicity as the charge alleges a single criminal activity of importation, including preparatory acts. The court has jurisdiction over preparatory acts done outside Seychelles if they relate to an offence under the Misuse of Drugs Act. The prosecution proved beyond reasonable doubt that the accused caused the importation of cannabis resin by arranging, financing, and facilitating the shipment from Kenya to Seychelles, corroborated by independent evidence. For count 2, the accused's promise of R200,000 to a public officer to facilitate removal of drugs constitutes official corruption, and the prosecution proved the charge beyond reasonable doubt.

Court Disposition

Conviction

Orders

  • Accused convicted on count 1 (importation of controlled drugs)
  • Accused convicted on count 2 (official corruption)