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Seychelles Case Law

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Criminal law [2021] SCSC 733

R v Sinon (CO 28 of 2020)

R v Sinon (CO 28 of 2020) [2021] SCSC 733 (5 November 2021)

The Supreme Court of Seychelles fined a first-time offender convicted on a guilty plea for drug trafficking and possession, imposing a total of SCR 15,000.

  • Drug offences
  • Sentencing
  • Possession of controlled substances
  • Drug-offences
  • Possession-of-controlled-substances
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Criminal law [2020] SCCA 25

Tony Vidot & Ors v The Republic (SCA 21 of 2019; SCA 22 of 2019)

Tony Vidot & Ors v The Republic (SCA 21 of 2019; SCA 22 of 2019) [2020] SCCA 25 (18 December 2020)

The Court of Appeal of Seychelles quashed trafficking convictions, finding fingerprint and DNA evidence insufficient without proof of when and how the drugs were possessed.

  • Drug trafficking
  • Possession of controlled substances
  • Evidence (fingerprint and dna)
  • Standard of proof
  • Chain of custody
  • Drug-trafficking
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Criminal law [2018] SCSC 8165

R v Brioche & Ors (CO 2/2013)

R v Brioche & Ors (CO 2/2013) [2018] SCSC 8165 (16 May 2018)

The accused were found guilty based on evidence of possession, conspiracy, and active participation in trafficking large quantities of controlled drugs. Sentences were imposed according to statutory guidelines, with consideration of roles, mitigating factors, and prior convictions.

  • Drug trafficking
  • Conspiracy
  • Possession of controlled substances
  • Sentencing
  • Mitigation
  • Jurisdiction
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Criminal law [2018] SCSC 8113

R v Baker & Ano (CO 46/2011)

R v Baker & Ano (CO 46/2011) [2018] SCSC 8113 (15 March 2018)

The prosecution established a prima facie case against the first accused on the count of trafficking by showing knowledge and access to the drugs found at his mother's premises. There was no evidence linking the second accused to the drugs or establishing aiding, abetting, or conspiracy. The second accused is acquitted of all counts; the first accused is acquitted of counts 2 and 3 but must make a defence to count 1.

  • Drug trafficking
  • Possession of controlled substances
  • Aiding and abetting
  • Conspiracy
  • Prima facie case
  • No case to answer
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Criminal law [2017] SCSC 967

R v Valentin (CO 68/2016)

R v Valentin (CO 68/2016) [2017] SCSC 967 (4 December 2017)

The court dismissed a drug trafficking charge after finding the prosecution failed to prove which packet the accused allegedly threw and could not establish a safe chain of custody.

  • Drug trafficking
  • Possession of controlled substances
  • Chain of custody
  • Evidentiary standards
  • Drug-trafficking
  • Controlled-substances
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Criminal law [2017] SCSC 909

R v Prosper (CO 63/2010)

R v Prosper (CO 63/2010) [2017] SCSC 909 (26 July 2017)

Sentencing decision for possession of 395.8 grams of cannabis. The court applied the 2016 Misuse of Drugs Act and imposed 6 months' imprisonment plus a fine.

  • Drug offences
  • Sentencing
  • Mitigation
  • Possession of controlled substances
  • Criminal-law
  • Drug-offences
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Criminal law [2017] SCSC 910

R v Prosper & Anor (CO 63/2010)

R v Prosper & Anor (CO 63/2010) [2017] SCSC 910 (26 July 2017)

The court found that the first accused was in possession of the cannabis with full knowledge and is presumed to have possessed it for trafficking. There was no evidence that the second accused had knowledge or control of the cannabis, nor that he aided or abetted the first accused.

  • Drug trafficking
  • Possession of controlled substances
  • Aiding and abetting
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Criminal law [2017] SCSC 264

R v Finesse (CO 02/2016)

R v Finesse (CO 02/2016) [2017] SCSC 264 (22 March 2017)

The accused's guilty plea, first offender status, and personal circumstances justified a non-mandatory minimum sentence under the new law, but the seriousness of the offences warranted a short term of imprisonment and fines.

  • Drug trafficking
  • Possession of controlled substances
  • Sentencing
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Criminal law [2017] SCSC 245

R v William (CO 85/2015)

R v William (CO 85/2015) [2017] SCSC 245 (16 March 2017)

The prosecution proved beyond reasonable doubt that the accused was in possession of and had knowledge of 2.68 grams of heroin found in his room, attracting the statutory presumption of trafficking, which the accused failed to rebut. The chain of custody was established and the defence of planting was unsupported and rejected.

  • Drug trafficking
  • Possession of controlled substances
  • Evidentiary standards
  • Presumption of trafficking
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Criminal law [2016] SCSC 111

Republic v Bacco & Ano. (CO 44/2014)

Republic v Bacco & Ano. (CO 44/2014) [2016] SCSC 111 (26 February 2016)

The Supreme Court of Seychelles acquitted two accused of cannabis trafficking after finding serious contradictions in the prosecution evidence and no proof of knowledge or control.

  • Drug trafficking
  • Possession of controlled substances
  • Burden of proof
  • Reasonable doubt
  • Common intention
  • Drug-trafficking
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.