Seychelles court uses wrapped resin portions as evidence of trafficking

Robin Francois was convicted of cannabis trafficking after police found individually wrapped portions of resin during a raid on his home. In July 2000, Seychelles’ Supreme Court explained why the packaging mattered: knowing possession of more than 25 grams triggered a presumption of trafficking, and the wrapped portions also supported an inference that the resin was being prepared for supply.^[1]

A disputed raid

Police searched the family home at L’ilot, Glacis, in July 1998. Officers said Francois tried to dispose of a package through a window. He denied possessing the drugs and said an officer had brought them into the house. The judge accepted the police account of possession after considering the conflicting testimony.^[1]

The drug evidence comprised seventeen slices of cannabis resin, individually wrapped and then packaged together. Once two smaller pieces were excluded, the quantity at issue was 166.4 grams. The court found that Francois knew what he was holding.^[1]

The confession was excluded

The prosecution also sought to use a statement made at the drug squad office. Francois said force had been used against him. After hearing police, defence and medical evidence, the judge rejected the statement as involuntary and relied on other evidence.^[1]

Several other prosecution arguments fell short. Officers had seen something being sold at the house, but the evidence did not identify it as cannabis. Cash could have another explanation, including sales of a local drink. A knife said to carry drug traces had not been analysed, so it supplied no evidence of trafficking.^[1]

Weight created a presumption

The drug law that commenced in 1995 placed a burden on someone knowingly holding more than 25 grams of cannabis or resin to rebut the presumption of a trafficking purpose. The judge stressed that this was a rebuttable rule and considered the distinction between possession and preparation for supply.^[1]

The individually wrapped slices proved decisive alongside possession. Their packaging and marketable portions supported the finding that Francois had prepared the drug for supply. The court convicted him of trafficking while leaving a possible constitutional challenge to the presumption for another case.^[1]

Sentencing law later changed

The conviction illustrates the older regime’s treatment of quantity and intent. In 2016 Seychelles replaced that law, giving judges greater sentencing discretion and allowing prison terms for drug offences to be suspended. The reform debate placed treatment and rehabilitation alongside enforcement. Today’s rules are described in the country profile.^[2]