R v Moustache (CO 25/2011) [2011] SCSC 103 (13 May 2011)

R v Moustache (CO 25/2011) [2011] SCSC 103 (13 May 2011)

The accused is charged with a serious offence, was found in possession of a controlled drug, and resisted arrest, indicating a high likelihood of absconding. The prosecution's application for remand is substantiated, and bail is denied.

Citation
[2011] SCSC 103
Parties
Prosecutor: Republic; Accused: Garry Moustache
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 May 2011
Case Number
CO 25/2011
Procedural Posture
Criminal / Bail Application Ruling
Outcome
application for remand granted, bail denied
Legal Topics
Bail, Drug Trafficking, Presumption of Possession
Source Language
English
Criminal Law Bail Drug Trafficking Presumption of Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Republic

Prosecutor

Garry Moustache

Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused should be remanded in custody or released on bail pending trial for trafficking in a controlled drug

Ratio Decidendi

The accused is charged with a serious offence, was found in possession of a controlled drug, and resisted arrest, indicating a high likelihood of absconding. The prosecution's application for remand is substantiated, and bail is denied.

Court Disposition

application for remand granted, bail denied

Orders

  • Accused to be remanded in the detention facility of Montagne Posee for 14 days pursuant to section 179 of the Criminal Procedure Code.