Seychelles Case Law

R v Tarani & Ors (CO 25/2016)

R v Tarani & Ors (CO 25/2016) [2017] SCSC 860 (11 May 2017)

Court

Supreme Court

Case number

CO 25/2016

There is sufficient evidence on the essential elements of the offences and the prosecution evidence has not been so discredited or rendered unreliable as to warrant acquittal at this stage; a prima facie case exists and the accused must be called to answer the charges.

Source excerpt

• Importation of controlled drugs
• Trafficking in controlled drugs
• No case to answer submission
• Presumption of trafficking
• Right of innocent passage

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R v William (CO 85/2015)

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

Court

Supreme Court

Case number

CO 85/2015

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.

Source excerpt

• Drug trafficking
• Possession of controlled substances
• Evidentiary standards
• Presumption of trafficking

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Hoareau v R (SCA 16/2012)

Hoareau v R (SCA 16/2012) [2015] SCCA 55 (17 December 2015)

Court

Court of Appeal

Case number

SCA 16/2012

The Court of Appeal dismissed a sentence appeal, upholding an 8-year minimum mandatory sentence for trafficking 76 grams of cannabis and rejecting complaints about mitigation procedure.

• Sentencing
• Drug offences
• Presumption of trafficking
• Mitigation
• Probation report
• Criminal-sentencing

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R vs Victor (CO 62.2010)

R vs Victor (CO 62.2010) [2014] SCSC 110 (7 March 2014)

Court

Supreme Court

Case number

CO 62.2010

The court found the prosecution witnesses credible and accepted their evidence that the accused alone accessed and controlled the drugs, demonstrating exclusive possession and knowledge. The presumption of trafficking was not rebutted, and the accused was found guilty beyond reasonable doubt.

Source excerpt

• Drug trafficking
• Possession of controlled substances
• Evidence evaluation
• Presumption of trafficking

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R vs Meriton (CO 29.2012)

R vs Meriton (CO 29.2012) [2014] SCSC 19 (23 January 2014)

Court

Supreme Court

Case number

CO 29.2012

The court found that the prosecution proved beyond reasonable doubt that the accused was in possession and control of the heroin found in his room, rejecting the defence's allegation of drugs being planted and finding the chain of custody unbroken.

Source excerpt

• Drug trafficking
• Possession of controlled substances
• Evidentiary chain of custody
• Presumption of trafficking

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R vs Dufrene (CO 55.2012)

R vs Dufrene (CO 55.2012) [2014] SCSC 4 (16 January 2014)

Court

Supreme Court

Case number

CO 55.2012

The Supreme Court of Seychelles convicted Robert Dufrene of drug trafficking after finding he possessed 25.2 grams of cannabis resin and had knowledge of it.

• Drug trafficking
• Possession of controlled substances
• Chain of custody
• Evidentiary standards
• Presumption of trafficking
• Drug-trafficking

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R vs Khanny (CO 49.2011)

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

Court

Supreme Court

Case number

CO 49.2011

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.

Source excerpt

• Trafficking in controlled drugs
• Possession
• Presumption of trafficking
• Chain of custody

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R vs King and another (CO 68.2008)

R vs King and another (CO 68.2008) [2013] SCSC 108 (29 October 2013)

Court

Supreme Court

Case number

CO 68.2008

The Supreme Court of Seychelles convicted Michael King and Barbara Labrosse in a drug case involving 31.4 grams of cannabis and issues of possession and trafficking.

• Trafficking in controlled drugs
• Possession of controlled drugs
• Presumption of trafficking
• Chain of custody
• Admissibility of statements
• Controlled-drugs

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R vs Breugelmans and others

R vs Breugelmans and others (Criminal Side No: 27 of 2010) [2013] SCSC 8 (30 January 2013)

Court

Supreme Court

Case number

Criminal Side No: 27 of 2010

The 3rd and 4th accused, by their voluntary acts of transporting the 2nd accused who possessed the controlled drug, aided and abetted the trafficking of heroin. The prosecution proved all elements of the offence beyond reasonable doubt, including knowledge and intention. The charge was not defective as the court could convict on the pure quantity. No prejudice was caused by the loss of exhibits or denial of trial de novo.

Source excerpt

• Trafficking in controlled drugs
• Aiding and abetting
• Conspiracy
• Evidence
• Presumption of trafficking

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R vs Ignace

R vs Ignace (Criminal Side No. 78 of 2010) [2013] SCSC 9 (29 January 2013)

Court

Supreme Court

Case number

Criminal Side No. 78 of 2010

The court found that the prosecution proved beyond reasonable doubt that the accused was in possession of 33.3 grams of Cannabis, which by law gives rise to a rebuttable presumption of trafficking. The accused failed to rebut this presumption. The chain of custody and identity of the drug were established, and the accused's statement under caution was corroborated by independent evidence.

Source excerpt

• Drug trafficking
• Possession of controlled substances
• Evidence
• Presumption of trafficking

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