R v Finesse (CO 25/2013) [2017] SCSC 73 (2 February 2017)

R v Finesse (CO 25/2013) [2017] SCSC 73 (2 February 2017)

The sentence was determined by considering the guilty plea, remorse, time served on remand, remission entitlement, and the convict's status as not a first offender for sentencing purposes.

Citation
[2017] SCSC 73
Parties
Prosecution: The Republic; Accused: Theophane Jude Finesse
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 February 2017
Case Number
CO 25/2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Drug Offences, Mitigation, Forfeiture
Source Language
English
Criminal Law Sentencing Drug Offences Mitigation Forfeiture

Case Brief

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Parties

The Republic

Prosecution

Theophane Jude Finesse

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for possession of 69.2 grams of cannabis
  2. 2 consideration of prior convictions and time served on remand
  3. 3 forfeiture of seized money

Ratio Decidendi

The sentence was determined by considering the guilty plea, remorse, time served on remand, remission entitlement, and the convict's status as not a first offender for sentencing purposes.

Court Disposition

convicted and sentenced

Orders

  • 6 months imprisonment with one third remission and credit for 4 months served on remand
  • fine of SR10,000 payable within 6 months or 6 months imprisonment in default