R v Joubert (CO20/2016) [2017] SCSC 8 (12 January 2017)
The prosecution failed to prove beyond reasonable doubt that the accused delivered a milk tin containing controlled drugs or that he conspired with others to traffic in drugs. The evidence of accomplices was unreliable and not sufficiently corroborated by the video footage, and there was a reasonable probability that the drugs were placed in the tin by Fabio after the accused delivered it empty.
- Citation
- [2017] SCSC 8
- Parties
- Prosecution: The Republic; Accused: Randolph Randy Joubert
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 12 January 2017
- Case Number
- CO20/2016
- Procedural Posture
- Criminal / Judgment
- Outcome
- Acquittal
- Legal Topics
- Drug Trafficking, Conspiracy, Evidence, Accomplice Testimony
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Randolph Randy Joubert
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused delivered a controlled drug (heroin) to Fabio Soopramanian on 24th June 2014
- 2 Whether the accused conspired with Fabio Soopramanian and Wallace Reine to traffic in a controlled drug
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused delivered a milk tin containing controlled drugs or that he conspired with others to traffic in drugs. The evidence of accomplices was unreliable and not sufficiently corroborated by the video footage, and there was a reasonable probability that the drugs were placed in the tin by Fabio after the accused delivered it empty.
Court Disposition
Acquittal
Orders
- The accused is found not guilty and acquitted on both counts.
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