R v William (CO 85/2015) [2017] SCSC 245 (16 March 2017)
The prosecution proved beyond reasonable doubt that the accused was in possession of and had knowledge of 2.68 grams of heroin found in his room, attracting the statutory presumption of trafficking, which the accused failed to rebut. The chain of custody was established and the defence of planting was unsupported and rejected.
- Citation
- [2017] SCSC 245
- Parties
- Prosecution: The Republic; Accused: Ernest Emmanuel William
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 16 March 2017
- Case Number
- CO 85/2015
- Procedural Posture
- Criminal / Judgment After Full Trial
- Outcome
- Conviction
- Legal Topics
- Drug Trafficking, Possession of Controlled Substances, Evidentiary Standards, Presumption of Trafficking
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Ernest Emmanuel William
Accused
Procedural Posture
Criminal / Judgment After Full Trial
Legal Issues
- 1 Whether the accused was in possession of a controlled drug
- 2 Whether the accused had knowledge of the controlled drug
- 3 Whether the presumption of trafficking applies
Ratio Decidendi
The prosecution proved beyond reasonable doubt that the accused was in possession of and had knowledge of 2.68 grams of heroin found in his room, attracting the statutory presumption of trafficking, which the accused failed to rebut. The chain of custody was established and the defence of planting was unsupported and rejected.
Court Disposition
Conviction
Orders
- The accused is found guilty of trafficking in a controlled drug and is convicted as charged.
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