R v D'Unienville (CO 57/2016) [2017] SCSC 253 (13 March 2017)

R v D'Unienville (CO 57/2016) [2017] SCSC 253 (13 March 2017)

The Respondent failed to credibly demonstrate that the seized money was lawfully obtained, and the court found the Applicant had established sufficient cause to believe the money was proceeds of crime. The application for forfeiture was therefore granted.

Citation
[2017] SCSC 253
Parties
Applicant: Republic; Respondent: Eddy Tony D’Unienville
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 March 2017
Case Number
CO 57/2016
Procedural Posture
Criminal Forfeiture Application / Order on Motion
Outcome
Application granted
Legal Topics
Forfeiture of Proceeds of Crime, Burden of Proof, Drug Trafficking, Possession of Controlled Drugs
Source Language
English
Criminal Law Proceeds of Crime Drug Offences Forfeiture of Proceeds of Crime Burden of Proof Drug Trafficking Possession of Controlled Drugs

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Parties

Republic

Applicant

Eddy Tony D’Unienville

Respondent

Procedural Posture

Criminal Forfeiture Application / Order on Motion

Legal Issues

  1. 1 Whether the seized money constitutes proceeds of crime and should be forfeited to the state under Section 153B of the Criminal Procedure Code
  2. 2 Whether the Respondent discharged the evidential burden to prove the money was lawfully obtained

Ratio Decidendi

The Respondent failed to credibly demonstrate that the seized money was lawfully obtained, and the court found the Applicant had established sufficient cause to believe the money was proceeds of crime. The application for forfeiture was therefore granted.

Court Disposition

Application granted

Orders

  • The money seized from the Respondent is forfeited to the state.