R v Fred (CO 39/2020) [2020] SCSC 618 (30 September 2020)

Given the absence of aggravating factors, the convict's guilty plea, and status as a first time offender, a fine is appropriate rather than immediate imprisonment.

Citation: [2020] SCSC 618
Parties: Prosecutor: The Republic; Accused: Daniel Georges Fred
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 30 September 2020
Case Number: CO 39/2020
Procedural Posture: Criminal / Sentencing
Outcome: Convict sentenced to a fine with default imprisonment; bail conditions removed; right of appeal granted.
Legal Topics: Possession of Controlled Drugs, Intent to Traffic, Sentencing
Source Language: English

Criminal Law Possession of Controlled Drugs Intent to Traffic Sentencing

Case Brief

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Parties

The Republic

Prosecutor

Daniel Georges Fred

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for possession of a controlled drug (cannabis resin) with intent to traffic
2 Application of non-custodial sentence under Misuse of Drugs Act 2016

Ratio Decidendi

Given the absence of aggravating factors, the convict's guilty plea, and status as a first time offender, a fine is appropriate rather than immediate imprisonment.

Court Disposition

Convict sentenced to a fine with default imprisonment; bail conditions removed; right of appeal granted.

Orders

Fine of SR30,000 to be paid before end of October 2020
In default of payment, 6 months imprisonment