R v Philoe (CO 99/2015) [2016] SCSC 483 (8 July 2016)

R v Philoe (CO 99/2015) [2016] SCSC 483 (8 July 2016)

The convict is sentenced under the new Misuse of Drugs Act, which is more lenient, as there are no aggravating circumstances and the offence is not aggravated in nature. The sentence is set at 2.5 years imprisonment and a fine of SR 10,000, with remission entitlement.

Citation
[2016] SCSC 483
Parties
Prosecutor: The Republic; Accused: Kereena Philoe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 July 2016
Case Number
CO 99/2015
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Drug Trafficking, Sentencing, Application of New Law, Remission
Source Language
English
Criminal Law Drug Trafficking Sentencing Application of New Law Remission

Case Brief

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Parties

The Republic

Prosecutor

Kereena Philoe

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the new Misuse of Drugs Act applies to the convict's sentence
  2. 2 Appropriate sentence under the new law for trafficking 521.5 grams of cannabis resin

Ratio Decidendi

The convict is sentenced under the new Misuse of Drugs Act, which is more lenient, as there are no aggravating circumstances and the offence is not aggravated in nature. The sentence is set at 2.5 years imprisonment and a fine of SR 10,000, with remission entitlement.

Court Disposition

conviction and sentence

Orders

  • The convict is sentenced to 2.5 years imprisonment and a fine of SR 10,000.
  • In default of payment of fine, the convict is to serve 6 months imprisonment consecutive to the main sentence.