R v Maguerite (CO 63 2016) [2017] SCSC 345 (6 April 2017)

R v Maguerite (CO 63 2016) [2017] SCSC 345 (6 April 2017)

In the absence of aggravating circumstances and considering the mitigating factors, a fine is appropriate instead of imprisonment.

Citation
[2017] SCSC 345
Parties
Prosecution: The Republic; Accused: Berard Maguerite
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 April 2017
Case Number
CO 63 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and fined
Legal Topics
Sentencing, Mitigation, Misuse of Drugs
Source Language
English
Criminal Law Sentencing Mitigation Misuse of Drugs

Case Brief

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Parties

The Republic

Prosecution

Berard Maguerite

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for first offender under Misuse of Drugs Act 2016
  2. 2 Consideration of mitigating and aggravating factors in sentencing

Ratio Decidendi

In the absence of aggravating circumstances and considering the mitigating factors, a fine is appropriate instead of imprisonment.

Court Disposition

convicted and fined

Orders

  • Fine of Rs45,000 on Count 1
  • Fine of Rs5,000 on Count 2