Republic v SJ & Ors (CO 56/2020) [2021] SCSC 1090 (16 December 2021)

Given the accused's guilty plea, first offender status, cooperation, and lack of benefit from the crime, a suspended sentence and fine are appropriate.

Citation: [2021] SCSC 1090
Parties: Prosecution: The Republic; Accused: Vincent Adrienne
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 16 December 2021
Case Number: CO 56/2020
Procedural Posture: Criminal / Sentencing
Outcome: convicted on guilty plea; sentenced to suspended imprisonment and fine
Legal Topics: Indecent Materials, Sentencing, Possession of Indecent Material, Business of Indecent Material
Source Language: English

Criminal Law Indecent Materials Sentencing Possession of Indecent Material Business of Indecent Material

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 6

Parties

The Republic

Prosecution

Vincent Adrienne

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the accused carried on or took part in a business concerned with making or producing indecent materials
2 Whether the accused possessed indecent materials for trade or distribution
3 Appropriate sentence for the offences committed

Ratio Decidendi

Given the accused's guilty plea, first offender status, cooperation, and lack of benefit from the crime, a suspended sentence and fine are appropriate.

Court Disposition

convicted on guilty plea; sentenced to suspended imprisonment and fine

Orders

One year imprisonment suspended for two years on each count (23, 24, 45, 63)
Fine of SCR3000 on each count, total SCR12,000