R vs King and another (CO 68.2008) [2013] SCSC 108 (29 October 2013)

The court found that the first accused was in possession of 31.4 grams of Cannabis and failed to rebut the presumption of trafficking, while the second accused successfully rebutted the presumption of trafficking but was found guilty of possession with common intention.

Citation: [2013] SCSC 108
Parties: Prosecution: The Republic; First Accused: Michael King; Second Accused: Barbara Labrosse
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 29 October 2013
Case Number: CO 68.2008
Procedural Posture: Criminal / Judgment
Outcome: Conviction
Legal Topics: Trafficking in Controlled Drugs, Possession of Controlled Drugs, Presumption of Trafficking, Chain of Custody, Admissibility of Statements
Source Language: English

Criminal Law Drug Offences Trafficking in Controlled Drugs Possession of Controlled Drugs Presumption of Trafficking Chain of Custody Admissibility of Statements

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

The Republic

Prosecution

Michael King

First Accused

Barbara Labrosse

Second Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused were in possession of a controlled drug
2 Whether the presumption of trafficking applies to the first accused
3 Whether the second accused rebutted the presumption of trafficking

Ratio Decidendi

Court Disposition

Conviction

Orders

First accused found guilty of trafficking in a controlled drug and convicted.
Second accused found guilty of possession of a controlled drug with common intention and convicted.