R v Moumou & Ors (CR 56/2020) [2021] SCSC 921 (17 June 2021)

R v Moumou & Ors (CR 56/2020) [2021] SCSC 921 (17 June 2021)

The accused were marginal participants in unlawful activities orchestrated by others but their participation, even if in ignorance of the full scheme, is subject to legal sanction under section 152 of the Penal Code. Mitigating factors warranted suspended sentences and fines rather than custodial sentences.

Citation
[2021] SCSC 921
Parties
Prosecution: The Republic; Accused: Jean-Luc Moumou; Accused: Rico Payet; Accused: Christian Laporte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 June 2021
Case Number
CR 56/2020
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Indecent Materials, Child Protection, Sentencing, Mitigation
Source Language
English
Criminal Law Indecent Materials Child Protection Sentencing Mitigation

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Parties

The Republic

Prosecution

Jean-Luc Moumou

Accused

Rico Payet

Accused

Christian Laporte

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused carried on or took part in a business concerned with the making, producing, hiring, or distribution of indecent materials contrary to section 152 of the Penal Code.
  2. 2 Whether the accused took indecent photographs of a child without reasonable excuse.

Ratio Decidendi

The accused were marginal participants in unlawful activities orchestrated by others but their participation, even if in ignorance of the full scheme, is subject to legal sanction under section 152 of the Penal Code. Mitigating factors warranted suspended sentences and fines rather than custodial sentences.

Court Disposition

conviction and sentence

Orders

  • Jean-Luc Moumou: 1 year imprisonment suspended for 2 years on each of 5 counts, total fine SCR 15,000, sentences to run concurrently.
  • Rico Payet: 1 year imprisonment suspended for 2 years on each of 4 counts, total fine SCR 12,000, sentences to run concurrently.