R v Ernesta & Or (CO22/2016) [2018] SCSC 8172 (23 May 2018)

R v Ernesta & Or (CO22/2016) [2018] SCSC 8172 (23 May 2018)

The court found that the prosecution proved beyond reasonable doubt that all four accused were jointly liable for trafficking, conspiracy to traffic, importation, and conspiracy to import heroin, based on corroborated surveillance, witness testimony, and physical evidence, rejecting the defence arguments and alibi.

Citation
[2018] SCSC 8172
Parties
Prosecution: The Republic; First Accused: Francis Ernesta; Second Accused: Brian Mothe; Third Accused: Kevin Quatre; Fourth Accused: Danny Sultan
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 May 2018
Case Number
CO22/2016
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Drug Trafficking, Conspiracy, Importation of Controlled Drugs, Criminal Procedure
Source Language
English
Criminal Law Drug Trafficking Conspiracy Importation of Controlled Drugs Criminal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Francis Ernesta

First Accused

Brian Mothe

Second Accused

Kevin Quatre

Third Accused

Danny Sultan

Fourth Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused trafficked in a controlled drug
  2. 2 Whether the accused conspired to traffic in a controlled drug
  3. 3 Whether the accused imported a controlled drug

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that all four accused were jointly liable for trafficking, conspiracy to traffic, importation, and conspiracy to import heroin, based on corroborated surveillance, witness testimony, and physical evidence, rejecting the defence arguments and alibi.

Court Disposition

Conviction

Orders

  • All four accused found guilty on all four counts: trafficking in a controlled drug, conspiracy to traffic, importation of a controlled drug, and conspiracy to import a controlled drug.