R v Payet (CO 38/2017) [2018] SCSC 8157 (6 May 2018)

R v Payet (CO 38/2017) [2018] SCSC 8157 (6 May 2018)

Given the accused's age, first offender status, guilty plea, low quantity of cannabis, and absence of aggravating factors, a fine is appropriate rather than imprisonment.

Citation
[2018] SCSC 8157
Parties
Prosecutor: The Republic; Accused: David-Lee Payet
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 May 2018
Case Number
CO 38/2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and fined
Legal Topics
Sentencing, Drug Offences, Mitigation
Source Language
English
Criminal Law Sentencing Drug Offences Mitigation

Case Brief

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Parties

The Republic

Prosecutor

David-Lee Payet

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of cannabis herbal material

Ratio Decidendi

Given the accused's age, first offender status, guilty plea, low quantity of cannabis, and absence of aggravating factors, a fine is appropriate rather than imprisonment.

Court Disposition

convicted and fined

Orders

  • The accused is fined SR10,000, payable within six months by instalments.
  • In default of payment, six months imprisonment shall be imposed.