R v Esther (CO 59/2019) [2020] SCSC 653 (20 November 2020)

R v Esther (CO 59/2019) [2020] SCSC 653 (20 November 2020)

Given the accused's guilty plea, first offender status, remorse, efforts at rehabilitation, and the quantity of drugs being just over the threshold and not of commercial quantity, the court imposed a one-year imprisonment and a fine, but suspended the custodial sentence for one year on condition of attending a...

Source-derived case information.

Citation
[2020] SCSC 653
Parties
Prosecution: The Republic; Accused: Eddy Nigel Esther
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 November 2020
Case Number
CO 59/2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence; custodial sentence suspended on condition.
Legal Topics
Drug Offences, Sentencing, Suspended Sentence, Rehabilitation
Source Language
english
Criminal Law Drug Offences Sentencing Suspended Sentence Rehabilitation

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Eddy Nigel Esther

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for trafficking in a controlled drug by possession with intent to traffic
  2. 2 Consideration of mitigating factors in sentencing
  3. 3 Application of suspended sentence subject to rehabilitation

Ratio Decidendi

Given the accused's guilty plea, first offender status, remorse, efforts at rehabilitation, and the quantity of drugs being just over the threshold and not of commercial quantity, the court imposed a one-year imprisonment and a fine, but suspended the custodial sentence for one year on condition of attending a rehabilitation program.

Court Disposition

Conviction and sentence; custodial sentence suspended on condition.

Orders

  • One year imprisonment and a fine of SCR 10,000 imposed.
  • In default of fine, six months imprisonment.