R v Joubert (CO20/2016) [2017] SCSC 8 (12 January 2017)

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

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Parties

The Republic

Prosecution

Randolph Randy Joubert

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused delivered a controlled drug (heroin) to Fabio Soopramanian on 24th June 2014
  2. 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.