R v Hertel (CO 71/2018) [2020] SCSC 442 (9 February 2020)

R v Hertel (CO 71/2018) [2020] SCSC 442 (9 February 2020)

There are no aggravating factors and the mitigating circumstances, including the low quantity of drugs, first-time offender status, and guilty plea, justify a suspended sentence rather than immediate imprisonment.

Citation
[2020] SCSC 442
Parties
Prosecutor: The Republic; Accused: Dave David Hertel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 February 2020
Case Number
CO 71/2018
Procedural Posture
Criminal / Sentencing
Outcome
Convict sentenced to one year imprisonment suspended for three years with conditions.
Legal Topics
Drug Offences, Sentencing, Mitigation
Source Language
English
Criminal Law Drug Offences Sentencing Mitigation

Case Brief

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Parties

The Republic

Prosecutor

Dave David Hertel

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of heroin with intent to traffic under the Misuse of Drugs Act 2016

Ratio Decidendi

There are no aggravating factors and the mitigating circumstances, including the low quantity of drugs, first-time offender status, and guilty plea, justify a suspended sentence rather than immediate imprisonment.

Court Disposition

Convict sentenced to one year imprisonment suspended for three years with conditions.

Orders

  • One year imprisonment suspended for three years
  • Convict not to commit offences under the Misuse of Drugs Act 2016 during suspension