R v Figaro (Cr S 84/2019) [2020] SCSC 557 (20 July 2020)

R v Figaro (Cr S 84/2019) [2020] SCSC 557 (20 July 2020)

Given the convict's guilty plea, remorse, efforts at rehabilitation, and the sentencing guidelines, a custodial sentence is not appropriate; a one-year imprisonment suspended for two years is imposed for deterrence.

Citation
[2020] SCSC 557
Parties
Prosecution: The Republic; Defendant: Guyto Figaro
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 July 2020
Case Number
Cr S 84/2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Possession of Narcotics, Intent to Traffic, Sentencing, Mitigation, Forfeiture of Proceeds
Source Language
English
Criminal Law Possession of Narcotics Intent to Traffic Sentencing Mitigation Forfeiture of Proceeds

Case Brief

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Parties

The Republic

Prosecution

Guyto Figaro

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the convict possessed heroin with intent to traffic
  2. 2 Appropriate sentence for possession of heroin with intent to traffic

Ratio Decidendi

Given the convict's guilty plea, remorse, efforts at rehabilitation, and the sentencing guidelines, a custodial sentence is not appropriate; a one-year imprisonment suspended for two years is imposed for deterrence.

Court Disposition

convicted and sentenced

Orders

  • One year’s imprisonment suspended for two years
  • Forfeiture of SCR 10,775 to the State