R v Ladouceur [Sentence] (CO 37/2010) [2012] SCSC 50 (26 January 2012)

R v Ladouceur [Sentence] (CO 37/2010) [2012] SCSC 50 (26 January 2012)

The court found that the convict's precarious medical condition and her secondary role in the offence constituted special circumstances justifying a sentence below the mandatory minimum.

Citation
[2012] SCSC 50
Parties
Prosecution: Republic; Accused: Melitine Ladouceur
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 January 2012
Case Number
CO 37/2010
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Trafficking, Sentencing, Mitigation, Mandatory Minimum Sentences
Source Language
English
Criminal Law Drug Trafficking Sentencing Mitigation Mandatory Minimum Sentences

Case Brief

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Parties

Republic

Prosecution

Melitine Ladouceur

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether special circumstances exist to justify a sentence below the mandatory minimum for aiding and abetting drug trafficking

Ratio Decidendi

The court found that the convict's precarious medical condition and her secondary role in the offence constituted special circumstances justifying a sentence below the mandatory minimum.

Court Disposition

convicted and sentenced

Orders

  • The convict is sentenced to six years imprisonment.
  • The convict may appeal the sentence within 42 working days.