Republic v Beeharry (44 of 2008) [2009] SCSC 77 (6 September 2009)

Given the seriousness of the offence, the large quantity of drugs, the presumption of trafficking, and the increased risk of absconding after trial conclusion, bail is not appropriate at this stage.

Citation: [2009] SCSC 77
Parties: Prosecution: The Republic; Accused: Roy Beeharry
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 6 September 2009
Case Number: 44 of 2008
Procedural Posture: Criminal / Post Trial, Pre Judgment, Bail Application
Outcome: bail application declined
Legal Topics: Bail, Drug Trafficking, Remand, Right to Liberty
Source Language: English

Criminal Law Constitutional Law Bail Drug Trafficking Remand Right to Liberty

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Roy Beeharry

Accused

Procedural Posture

Criminal / Post Trial, Pre Judgment, Bail Application

Legal Issues

1 Whether bail should be granted to the accused after conclusion of trial but before judgment in a drug trafficking case
2 Whether seriousness of the offence and risk of absconding justify continued remand

Ratio Decidendi

Given the seriousness of the offence, the large quantity of drugs, the presumption of trafficking, and the increased risk of absconding after trial conclusion, bail is not appropriate at this stage.

Court Disposition

bail application declined

Orders

Application for bail is declined.