R vs Dufrene (CO 55.2012) [2014] SCSC 4 (16 January 2014)

R vs Dufrene (CO 55.2012) [2014] SCSC 4 (16 January 2014)

The court found that the prosecution proved beyond reasonable doubt that the accused was in possession of 25.2 grams of Cannabis Resin and had knowledge of it, as evidenced by his attempt to dispose of the drug upon seeing the agents. The statutory presumption of trafficking applied and was not rebutted by the accused. Procedural irregularities raised by the defence did not cause prejudice and were not fatal to the prosecution's case.

Citation
[2014] SCSC 4
Parties
Prosecution: The Republic; Accused: Robert Collin Dufrene
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 January 2014
Case Number
CO 55.2012
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Conviction
Legal Topics
Drug Trafficking, Possession of Controlled Substances, Chain of Custody, Evidentiary Standards, Presumption of Trafficking
Source Language
English
Criminal Law Drug Trafficking Possession of Controlled Substances Chain of Custody Evidentiary Standards Presumption of Trafficking

Case Brief

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Parties

The Republic

Prosecution

Robert Collin Dufrene

Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused was in possession of a controlled drug
  2. 2 Whether the accused had knowledge of the drug
  3. 3 Whether the presumption of trafficking applies and is rebutted

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused was in possession of 25.2 grams of Cannabis Resin and had knowledge of it, as evidenced by his attempt to dispose of the drug upon seeing the agents. The statutory presumption of trafficking applied and was not rebutted by the accused. Procedural irregularities raised by the defence did not cause prejudice and were not fatal to the prosecution's case.

Court Disposition

Conviction

Orders

  • The accused is found guilty of trafficking in a controlled drug as charged in count 1.
  • No order is made in respect of the alternative count of possession.