R vs Khanny (CO 49.2011) [2013] SCSC 80 (12 November 2013)

R vs Khanny (CO 49.2011) [2013] SCSC 80 (12 November 2013)

The court found that the prosecution proved beyond reasonable doubt that the accused was in exclusive possession of 32.5 grams of cannabis, triggering the statutory presumption of trafficking, which the accused failed to rebut. The court rejected the accused's defence as fabricated and accepted the corroborated evidence of the prosecution, including the chain of custody and expert analysis.

Citation
[2013] SCSC 80
Parties
Prosecution: The Republic; Accused: Guilly Khanny
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 November 2013
Case Number
CO 49.2011
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Trafficking in Controlled Drugs, Possession, Presumption of Trafficking, Chain of Custody
Source Language
English
Criminal Law Drug Offences Trafficking in Controlled Drugs Possession Presumption of Trafficking Chain of Custody

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Guilly Khanny

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was in possession of a controlled drug
  2. 2 Whether the accused had knowledge of the controlled drug
  3. 3 Whether the presumption of trafficking applies and was rebutted

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused was in exclusive possession of 32.5 grams of cannabis, triggering the statutory presumption of trafficking, which the accused failed to rebut. The court rejected the accused's defence as fabricated and accepted the corroborated evidence of the prosecution, including the chain of custody and expert analysis.

Court Disposition

conviction

Orders

  • The accused is found guilty of trafficking in a controlled drug and is convicted accordingly.