R v Mashed Kamba (CO 68/2019) [2020] SCSC 417 (16 January 2020)

R v Mashed Kamba (CO 68/2019) [2020] SCSC 417 (16 January 2020)

Despite the quantity of cocaine being less than in a comparable case, the fact that it exceeded 250 grams and was not for personal consumption constituted aggravating factors justifying a sentence of 6 years imprisonment.

Citation
[2020] SCSC 417
Parties
Prosecution: THE REPUBLIC; Accused: Nurdin Mashed Kamba
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 January 2020
Case Number
CO 68/2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Importation of Controlled Drugs, Sentencing, Mitigation, Aggravated Offences
Source Language
English
Criminal Law Drug Offences Importation of Controlled Drugs Sentencing Mitigation Aggravated Offences

Case Brief

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Parties

THE REPUBLIC

Prosecution

Nurdin Mashed Kamba

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for importation of cocaine exceeding 250 grams
  2. 2 Consideration of mitigating and aggravating factors in sentencing

Ratio Decidendi

Despite the quantity of cocaine being less than in a comparable case, the fact that it exceeded 250 grams and was not for personal consumption constituted aggravating factors justifying a sentence of 6 years imprisonment.

Court Disposition

convicted and sentenced

Orders

  • The convict is sentenced to 6 years imprisonment.
  • No remission due to aggravated circumstances.