R v Servina (CO 24/2013) [2016] SCSC 469 (23 June 2016)

R v Servina (CO 24/2013) [2016] SCSC 469 (23 June 2016)

Taking into account the guilty plea, minimal quantity of drugs, and the fact that the offences arose from the same transaction, the court imposed concurrent sentences for possession, assault, and obstruction, to run concurrently with the life sentence already being served.

Citation
[2016] SCSC 469
Parties
Prosecution: The Republic; Accused: Terrence Servina
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 June 2016
Case Number
CO 24/2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Possession of Drugs, Assaulting Law Enforcement, Obstructing Law Enforcement, Sentencing
Source Language
English
Criminal Law Possession of Drugs Assaulting Law Enforcement Obstructing Law Enforcement Sentencing

Case Brief

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Parties

The Republic

Prosecution

Terrence Servina

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession of 6.85 grams of diamorphine
  2. 2 Appropriate sentence for assaulting NDEA agents
  3. 3 Appropriate sentence for obstructing NDEA agents

Ratio Decidendi

Taking into account the guilty plea, minimal quantity of drugs, and the fact that the offences arose from the same transaction, the court imposed concurrent sentences for possession, assault, and obstruction, to run concurrently with the life sentence already being served.

Court Disposition

convicted and sentenced

Orders

  • 18 months imprisonment for possession of 6.85 grams of diamorphine (Count 2)
  • 1 year imprisonment for assaulting NDEA agents (Count 3)