Republic v Eulentin (9 of 2009) [2009] SCSC 91 (26 May 2009)

Republic v Eulentin (9 of 2009) [2009] SCSC 91 (26 May 2009)

Given the accused is charged with trafficking in a controlled drug (heroin, 138.4 grams), which is a special case with a mandatory minimum sentence and a statutory presumption of trafficking, the seriousness of the offence justifies denial of bail.

Citation
[2009] SCSC 91
Parties
Prosecution: Republic; Accused: Patrick Eulentin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 May 2009
Case Number
9 of 2009
Procedural Posture
Criminal / Bail Application
Outcome
Bail application declined
Legal Topics
Bail, Trafficking in Controlled Drugs, Remand, Presumption of Trafficking
Source Language
English
Criminal Law Constitutional Law Bail Trafficking in Controlled Drugs Remand Presumption of Trafficking

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Parties

Republic

Prosecution

Patrick Eulentin

Accused

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the accused is entitled to bail under Article 18(7) of the Constitution
  2. 2 Whether seriousness of the offence alone justifies remand in a trafficking case

Ratio Decidendi

Given the accused is charged with trafficking in a controlled drug (heroin, 138.4 grams), which is a special case with a mandatory minimum sentence and a statutory presumption of trafficking, the seriousness of the offence justifies denial of bail.

Court Disposition

Bail application declined

Orders

  • Application for bail is refused