R v Sameja & Anor (CO 05/2020) [2020] SCSC 591 (1 September 2020)

R v Sameja & Anor (CO 05/2020) [2020] SCSC 591 (1 September 2020)

Given the absence of aggravating circumstances, the First Convict's guilty plea, cooperation, health issues, and family situation, a custodial sentence of three years is appropriate, with time on remand to count and eligibility for remission for good behaviour.

Citation
[2020] SCSC 591
Parties
Prosecution: The Republic; First Convict: Francisca Sameja; Second Convict: Dominic Dugasse
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 September 2020
Case Number
CO 05/2020
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Drug Trafficking, Sentencing, Mitigation
Source Language
English
Criminal Law Drug Trafficking Sentencing Mitigation

Case Brief

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Parties

The Republic

Prosecution

Francisca Sameja

First Convict

Dominic Dugasse

Second Convict

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aiding and abetting trafficking in a controlled drug
  2. 2 Consideration of mitigating and aggravating factors in sentencing

Ratio Decidendi

Given the absence of aggravating circumstances, the First Convict's guilty plea, cooperation, health issues, and family situation, a custodial sentence of three years is appropriate, with time on remand to count and eligibility for remission for good behaviour.

Court Disposition

conviction and custodial sentence

Orders

  • First Convict sentenced to three years’ imprisonment.
  • Time spent on remand to be deducted from sentence.