R v Gabriel (CO 17/2013) [2016] SCSC 478 (23 June 2016)

R v Gabriel (CO 17/2013) [2016] SCSC 478 (23 June 2016)

The court is bound to impose the mandatory life sentence for trafficking in more than 250 grams of cannabis as required by the law in force at the time of the offence, and cannot apply the discretionary sentencing provisions of the new Misuse of Drugs Act 2016 retroactively.

Citation
[2016] SCSC 478
Parties
Prosecution: The Republic; Accused: Michel Andre Gabriel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 June 2016
Case Number
CO 17/2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Trafficking in Narcotics, Possession of Narcotics, Mandatory Sentencing, Application of New Legislation to Prior Offences
Source Language
English
Criminal Law Drug Offences Trafficking in Narcotics Possession of Narcotics Mandatory Sentencing Application of New Legislation to Prior Offences

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Parties

The Republic

Prosecution

Michel Andre Gabriel

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the court can impose a sentence not mandated by the previous Misuse of Drugs Act for offences committed before the 2016 amendments
  2. 2 Whether mitigating factors and the new Misuse of Drugs Act 2016 can affect sentencing for offences committed prior to its commencement

Ratio Decidendi

The court is bound to impose the mandatory life sentence for trafficking in more than 250 grams of cannabis as required by the law in force at the time of the offence, and cannot apply the discretionary sentencing provisions of the new Misuse of Drugs Act 2016 retroactively.

Court Disposition

convicted and sentenced

Orders

  • 6 months imprisonment for possession of 0.5 grams of cannabis (already served)
  • mandatory life imprisonment for trafficking in 255.5 grams of cannabis