R v Rose (sentence) (CO 59/2014) [2017] SCSC 911 (27 July 2017)

R v Rose (sentence) (CO 59/2014) [2017] SCSC 911 (27 July 2017)

Given the small quantity of drugs, lack of aggravating circumstances, guilty plea, and time already spent on remand, a fine is appropriate rather than a custodial sentence.

Citation
[2017] SCSC 911
Parties
Prosecution: The Republic; Accused: Jean Noelin Rose
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 July 2017
Case Number
CO 59/2014
Procedural Posture
Criminal / Sentencing
Outcome
fine imposed
Legal Topics
Sentencing, Drug Offences
Source Language
English
Criminal Law Sentencing Drug Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Republic

Prosecution

Jean Noelin Rose

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of a small quantity of heroin

Ratio Decidendi

Given the small quantity of drugs, lack of aggravating circumstances, guilty plea, and time already spent on remand, a fine is appropriate rather than a custodial sentence.

Court Disposition

fine imposed

Orders

  • Convict to pay a fine of SRS,000/- within three months; in default, six months imprisonment.
  • Right of appeal within 30 working days.