R v Elisabeth (CO 63/2017) [2018] SCSC 8061 (4 February 2018)

R v Elisabeth (CO 63/2017) [2018] SCSC 8061 (4 February 2018)

Given the early guilty plea, lack of aggravating circumstances, and personal mitigation, a fine is appropriate rather than imprisonment.

Citation
[2018] SCSC 8061
Parties
Prosecution: The Republic; Accused: Ervais Luther Lyroy Elisabeth
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 February 2018
Case Number
CO 63/2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Drug Offences, Mitigation
Source Language
English
Criminal Law Sentencing Drug Offences Mitigation

Case Brief

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Parties

The Republic

Prosecution

Ervais Luther Lyroy Elisabeth

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

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

Ratio Decidendi

Given the early guilty plea, lack of aggravating circumstances, and personal mitigation, a fine is appropriate rather than imprisonment.

Court Disposition

convicted and sentenced

Orders

  • Fine of Rs 5,000 to be paid within two weeks or one year imprisonment in default
  • Bail conditions cancelled