R v Maguerite (CO 63/2016) [2017] SCSC 848 (6 April 2017)
The absence of aggravating factors and the presence of significant mitigating circumstances justified the imposition of a fine rather than a custodial sentence.
- Citation
- [2017] SCSC 848
- 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
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Berard Maguerite
Accused
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Appropriate sentence for first offender under Misuse of Drugs Act 2016
- 2 Consideration of mitigating and aggravating factors in sentencing
Ratio Decidendi
The absence of aggravating factors and the presence of significant mitigating circumstances justified the imposition of a fine rather than a custodial sentence.
Court Disposition
convicted and fined
Orders
- Fine of Rs45,000 for Count 1
- Fine of Rs5,000 for Count 2
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