R vs Alphonse (Cr 35.2014) [2014] SCSC 304 (8 August 2014)
Given the seriousness of the offence, the mandatory minimum sentence, the quantity of heroin involved, and the real risk of absconding, the prosecution has established sufficient grounds under Article 18 (7) (b) and (c) of the Constitution to justify remanding the accused in custody pending trial.
- Citation
- [2014] SCSC 304
- Parties
- Prosecution: The Republic; Accused: Terrence Alphonse
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 8 August 2014
- Case Number
- Cr 35.2014
- Procedural Posture
- Criminal / Bail Application Ruling Prior to Trial
- Outcome
- Application for remand granted; accused to remain in custody pending trial.
- Legal Topics
- Bail, Drug Offences, Presumption of Innocence, Mandatory Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Terrence Alphonse
Accused
Procedural Posture
Criminal / Bail Application Ruling Prior to Trial
Legal Issues
- 1 Whether the accused should be remanded in custody or released on bail pending trial for trafficking in a controlled drug
Ratio Decidendi
Given the seriousness of the offence, the mandatory minimum sentence, the quantity of heroin involved, and the real risk of absconding, the prosecution has established sufficient grounds under Article 18 (7) (b) and (c) of the Constitution to justify remanding the accused in custody pending trial.
Court Disposition
Application for remand granted; accused to remain in custody pending trial.
Orders
- Accused persons to remain on remand as the case is being heard.
- Matter may be reviewed if circumstances change.
Full Case Text
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