R v Esparon (CO 45/2017) [2018] SCSC 8258 (17 September 2018)

R v Esparon (CO 45/2017) [2018] SCSC 8258 (17 September 2018)

Despite the convict's drug dependency and mitigating factors, the seriousness of the offences warranted custodial sentences. However, the sentences were ordered to run concurrently, and the court recommended rehabilitation measures if available.

Citation
[2018] SCSC 8258
Parties
Prosecution: The Republic; Accused: Freddy Esparon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 September 2018
Case Number
CO 45/2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Drug Dependency, Alternative Sentencing, Custodial Sentence
Source Language
English
Criminal Law Sentencing Drug Dependency Alternative Sentencing Custodial Sentence

Case Brief

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Parties

The Republic

Prosecution

Freddy Esparon

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for a drug dependent convict
  2. 2 Applicability of alternative sentencing under MODA 2016

Ratio Decidendi

Despite the convict's drug dependency and mitigating factors, the seriousness of the offences warranted custodial sentences. However, the sentences were ordered to run concurrently, and the court recommended rehabilitation measures if available.

Court Disposition

convicted and sentenced

Orders

  • 8 years imprisonment on count 1
  • 8 years imprisonment on count 2