Republic v Jumaye (23 of 2002) [2005] SCSC 5 (29 May 2005)

Republic v Jumaye (23 of 2002) [2005] SCSC 5 (29 May 2005)

The accused failed to prove on a balance of probabilities that she obtained the foreign currency from an authorized dealer or had permission from the Minister, as required by the Exchange Control Act. The prosecution proved beyond reasonable doubt that she was in unauthorized possession of foreign currency. Strict liability applies and the statutory burden was not discharged.

Citation
[2005] SCSC 5
Parties
Prosecution: Republic; Accused: Sucilla Katherine Jumaye
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 May 2005
Case Number
23 of 2002
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Exchange Control, Unauthorized Possession of Foreign Currency, Burden of Proof, Strict Liability
Source Language
English
Criminal Law Financial Regulation Exchange Control Unauthorized Possession of Foreign Currency Burden of Proof Strict Liability

Case Brief

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Parties

Republic

Prosecution

Sucilla Katherine Jumaye

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was in unauthorized possession of foreign currency contrary to the Exchange Control Act
  2. 2 Whether the accused discharged the statutory burden of proving lawful possession or permission from the Minister

Ratio Decidendi

The accused failed to prove on a balance of probabilities that she obtained the foreign currency from an authorized dealer or had permission from the Minister, as required by the Exchange Control Act. The prosecution proved beyond reasonable doubt that she was in unauthorized possession of foreign currency. Strict liability applies and the statutory burden was not discharged.

Court Disposition

Conviction

Orders

  • The accused is found guilty as charged and convicted of unauthorized possession of foreign currency.