R v Rasolondraide and Ors (CO 110/2021) [2021] SCSC 1091 (16 December 2021)

R v Rasolondraide and Ors (CO 110/2021) [2021] SCSC 1091 (16 December 2021)

The convicts, being first offenders who pleaded guilty and showed remorse, are sentenced to suspended imprisonment and fines, as the offences are misdemeanors and mitigating factors are present.

Source-derived case information.

Citation
[2021] SCSC 1091
Parties
Prosecution: The Republic; Accused: Richard Rasolondraide; Accused: Andrew Ernesta; Accused: Thierry Jao; Accused: Sohail Abbas; Accused: Fety Razah
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 December 2021
Case Number
CO 110/2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Assembly for Customs Offence, Unlawful Possession of Property, Mitigation of Sentence
Source Language
english
Criminal Law Customs Law Assembly for Customs Offence Unlawful Possession of Property Mitigation of Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Richard Rasolondraide

Accused

Andrew Ernesta

Accused

Thierry Jao

Accused

Sohail Abbas

Accused

Fety Razah

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused assembled for the purpose of carrying goods subject to customs duty and liable to forfeiture
  2. 2 Whether the accused were in unlawful possession of property reasonably suspected of being stolen or unlawfully obtained
  3. 3 Appropriate sentence considering mitigation

Ratio Decidendi

The convicts, being first offenders who pleaded guilty and showed remorse, are sentenced to suspended imprisonment and fines, as the offences are misdemeanors and mitigating factors are present.

Court Disposition

conviction and sentence

Orders

  • Count 1: 3 months imprisonment suspended for 1 year and a fine of SCR 1,500 each
  • Count 3: 3 months imprisonment suspended for 1 year and a fine of SCR 2,000 each