Repubic v Volcere (34 of 2005) [2005] SCSC 18 (10 November 2005)

Repubic v Volcere (34 of 2005) [2005] SCSC 18 (10 November 2005)

The seriousness of the offences, as evidenced by the mandatory minimum sentences, the classification of the drugs, and the increasing prevalence of such offences, justifies remand in custody under Article 18(7)(b) of the Constitution. No extraordinary circumstances regarding the defendant's health were established to warrant release on bail.

Citation
[2005] SCSC 18
Parties
Prosecutor: Republic; Defendant: Jonathan Volcere
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 November 2005
Case Number
34 of 2005
Procedural Posture
Criminal / Bail Application Ruling
Outcome
bail application dismissed; remand reaffirmed
Legal Topics
Bail, Remand, Controlled Drugs, Seriousness of Offence
Source Language
English
Criminal Law Constitutional Law Bail Remand Controlled Drugs Seriousness of Offence

Case Brief

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Parties

Republic

Prosecutor

Jonathan Volcere

Defendant

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the seriousness of the offence justifies remand in custody pending trial under Article 18(7) of the Constitution and Section 179 of the Criminal Procedure Code
  2. 2 Whether the defendant's health condition warrants release on bail

Ratio Decidendi

The seriousness of the offences, as evidenced by the mandatory minimum sentences, the classification of the drugs, and the increasing prevalence of such offences, justifies remand in custody under Article 18(7)(b) of the Constitution. No extraordinary circumstances regarding the defendant's health were established to warrant release on bail.

Court Disposition

bail application dismissed; remand reaffirmed

Orders

  • Defendant to remain in custody pending trial
  • Bail denied