R v Lesperance (CO 84/2015) [2016] SCSC 711 (29 September 2016)

R v Lesperance (CO 84/2015) [2016] SCSC 711 (29 September 2016)

Given the accused's guilty plea, remorse, first offender status, and the provisions of the new Misuse of Drugs Act, a custodial sentence is not warranted; fines are appropriate.

Citation
[2016] SCSC 711
Parties
Prosecution: The Republic; Accused: Davis Jourdan Lesperance
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 September 2016
Case Number
CO 84/2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and fined
Legal Topics
Drug Offences, Sentencing, Mitigation
Source Language
English
Criminal Law Drug Offences Sentencing Mitigation

Case Brief

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Parties

The Republic

Prosecution

Davis Jourdan Lesperance

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for drug possession
  2. 2 application of new Misuse of Drugs Act

Ratio Decidendi

Given the accused's guilty plea, remorse, first offender status, and the provisions of the new Misuse of Drugs Act, a custodial sentence is not warranted; fines are appropriate.

Court Disposition

convicted and fined

Orders

  • Accused fined SR6,000 for first count (heroin, 3.22g, 58% purity)
  • Accused fined SR2,000 for second count (trace)