R v Micock & Anor (CO 07/2017) [2018] SCSC 8105 (4 March 2018)

R v Micock & Anor (CO 07/2017) [2018] SCSC 8105 (4 March 2018)

The prosecution proved beyond reasonable doubt that the accused intentionally imported heroin into Seychelles and conspired to do so, with sufficient corroboration of accomplice evidence, a proven chain of custody, and proper prosecution under the repealed Act due to statutory saving provisions.

Citation
[2018] SCSC 8105
Parties
Prosecution: The Republic; First Accused: Nedy Micock; Second Accused: Vivian Domingue
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 March 2018
Case Number
CO 07/2017
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Conviction
Legal Topics
Importation of Controlled Drugs, Conspiracy, Chain of Custody, Interpretation of Repealed Statutes, Evidentiary Corroboration
Source Language
English
Criminal Law Importation of Controlled Drugs Conspiracy Chain of Custody Interpretation of Repealed Statutes Evidentiary Corroboration

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Parties

The Republic

Prosecution

Nedy Micock

First Accused

Vivian Domingue

Second Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused imported a controlled drug into Seychelles
  2. 2 Whether the accused conspired to import a controlled drug
  3. 3 Whether prosecution under the repealed Misuse of Drugs Act was proper

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused intentionally imported heroin into Seychelles and conspired to do so, with sufficient corroboration of accomplice evidence, a proven chain of custody, and proper prosecution under the repealed Act due to statutory saving provisions.

Court Disposition

Conviction

Orders

  • Both accused found guilty on both counts of importation of controlled drugs and conspiracy to import controlled drugs.