Criminal law

R v Toubo Mochidy (CO/ 26/2019) [2019] SCSC 636 (29 July 2019);

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Criminal law: Sentencing: Convicted on own guilty plea. Sentenced fine SCR 2,500,000 seizure of vessel and equipment and products.

DODIN J

[1]            The Convict, Toubo Mochidy, a Malagasy National has been convicted on his own guilty plea to one Count of Fishing without a Foreign Vessel Licence, contrary to Section 11 (1) as read with Section 58 and Section 69 of the Fisheries Act, 2014 (Act 20 of 2014) and punishable under Section 58 (a) of the said Act.

Georges Michel v The Republic & Ors (CM55/2018) [2019] SCSC 629 (18 July 2019);

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Criminal law: Anti Money Laundering Act: Return of impounded property: This  court's decision in relation to the value of the vessels is based on the market value of the vessels in 2013 and 2018, the condition of the  vessels in 2013 and 2018, and the expressed agreement of the experts on a number of matters  pertaining to the valuation of the vessels.

R v Geers & Anor (CO 27/2017) [2019] SCSC 605 (18 July 2019);

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Criminal law: Sentencing: National Drugs Enforcement Act: mitigating factors in imposing fine. 

GOVINDEN J

[1]            The 2nd and 3rd Accuseds in this case stood charge as follows;

Count 3

Statement of offence

Obstructing the NDEA Agent contrary to section 16 (6) (c) of the National Drugs Enforcement Agency Act, 2008 and punishable under Section 17 (3) of the said Act.

 

 

Particular of offence

Mary Geers of Bel Ombre, Mahe, on the 30th of May 2017 at her residence in Bel Ombre, Mahe, obstructed the NDEA Agents during the performance of their duties.

Count 4

Statement of offence

R v Hoareau (CO74/2018) [2019] SCSC 695 (13 August 2019);

BURHAN J

The convict Robin Hoareau was convicted of the following offences on his own plea of guilt.

 

Count 1

Trafficking in quantity of   82.12 grams (pure 48.24 grams) of Heroin.

            Count 2

Possession of a quantity 1.49 grams of Heroin

Count 3

Trafficking in a quantity of 49.18 grams of Cannabis Resin.

Count 4

Possession of a quantity of 16.3 grams of Cannabis.

Rep vs Rene (CO 48/2018) Rep vs Rene (CO48/2018) [2019] SCSC (18 July 2019);

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Criminal law: Sentencing: Misuse of Drugs Act: Mitigating factors considered in imposing non-custodial sentence. 

GOVINDEN J

[1]       The Convict was charged as follows:-

 

Count (1)

Statement of offence

 

[2]       Cultivation of a controlled drug namely cannabis plants contrary to Section 6(2) read with Section 21(3) and punishable under the section schedule of the Misuse Of Drugs Act  2016 (Chapter 133)

 

 

Particulars of offence

 

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