R v Prosper & Anor (CO 63/2010) [2017] SCSC 910 (26 July 2017)

R v Prosper & Anor (CO 63/2010) [2017] SCSC 910 (26 July 2017)

The court found that the first accused was in possession of the cannabis with full knowledge and is presumed to have possessed it for trafficking. There was no evidence that the second accused had knowledge or control of the cannabis, nor that he aided or abetted the first accused.

Citation
[2017] SCSC 910
Parties
Prosecution: The Republic; First Accused: Sony Prosper; Second Accused: Sony Dine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 July 2017
Case Number
CO 63/2010
Procedural Posture
Criminal / Judgment
Outcome
First accused convicted of trafficking; second accused acquitted on all counts.
Legal Topics
Drug Trafficking, Possession of Controlled Substances, Aiding and Abetting
Source Language
English
Criminal Law Drug Trafficking Possession of Controlled Substances Aiding and Abetting

Case Brief

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Parties

The Republic

Prosecution

Sony Prosper

First Accused

Sony Dine

Second Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons were in possession of a controlled drug for the purpose of trafficking
  2. 2 Whether the second accused aided and abetted the first accused in trafficking

Ratio Decidendi

The court found that the first accused was in possession of the cannabis with full knowledge and is presumed to have possessed it for trafficking. There was no evidence that the second accused had knowledge or control of the cannabis, nor that he aided or abetted the first accused.

Court Disposition

First accused convicted of trafficking; second accused acquitted on all counts.

Orders

  • First accused found guilty and convicted of trafficking in a controlled drug.
  • Second accused acquitted on count 1 (possession for trafficking).