R v Payet (18 of 2007) [2008] SCSC 31 (11 May 2008)

R v Payet (18 of 2007) [2008] SCSC 31 (11 May 2008)

The defendant, after receiving competent legal advice, pleaded guilty voluntarily and unequivocally to trafficking in a controlled drug (Heroin). The court, considering mitigating factors but bound by statutory minimums, sentenced the defendant to the mandatory minimum of 10 years' imprisonment for a first offence involving a Class A drug.

Citation
[2008] SCSC 31
Parties
Prosecution: The Republic; Defendant: Perin Gilbert Payet
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 May 2008
Case Number
18 of 2007
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Trafficking in Controlled Drugs, Plea of Guilty, Sentencing, Mitigating Factors
Source Language
English
Criminal Law Drug Offences Trafficking in Controlled Drugs Plea of Guilty Sentencing Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Perin Gilbert Payet

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's guilty plea was unequivocal and voluntary
  2. 2 Appropriate sentence for trafficking in a controlled drug (Heroin) as a first offender

Ratio Decidendi

The defendant, after receiving competent legal advice, pleaded guilty voluntarily and unequivocally to trafficking in a controlled drug (Heroin). The court, considering mitigating factors but bound by statutory minimums, sentenced the defendant to the mandatory minimum of 10 years' imprisonment for a first offence involving a Class A drug.

Court Disposition

convicted and sentenced

Orders

  • The defendant is sentenced to 10 years' imprisonment.