R v Mougal (CO 25/2013) [2017] SCSC 28 (19 January 2017)

R v Mougal (CO 25/2013) [2017] SCSC 28 (19 January 2017)

Given the absence of aggravating factors, the low quantity of drugs, and the accused's personal circumstances, a custodial sentence is not warranted; a fine is appropriate.

Citation
[2017] SCSC 28
Parties
Prosecution: Republic; Accused: Roy Mougal
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 January 2017
Case Number
CO 25/2013
Procedural Posture
Criminal / Sentencing
Outcome
fine imposed, forfeiture ordered, custodial sentence in default of payment
Legal Topics
Sentencing, Drug Offences, Mitigation
Source Language
English
Criminal Law Sentencing Drug Offences Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Prosecution

Roy Mougal

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of 53.2 grams of cannabis by a first-time offender

Ratio Decidendi

Given the absence of aggravating factors, the low quantity of drugs, and the accused's personal circumstances, a custodial sentence is not warranted; a fine is appropriate.

Court Disposition

fine imposed, forfeiture ordered, custodial sentence in default of payment

Orders

  • Fine of SR10,000 to be paid within 3 months, in default 1 year imprisonment
  • Forfeiture of SR5195 seized