Jayprakash Gunowry (Appellant) v Director of Public Prosecutions and another (Respondents) (Mauritius)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2025/0027

Jurisdiction

Mauritius

Parties

Appellant(s)

Jayprakash GUNOWRY

Respondent(s)

State Of Mauritius

The Director of Public Prosecutions

Issue

(1) Whether, in substituting a sentence of two years’ imprisonment for a sentence of 3 years’ penal servitude, the Supreme Court of Mauritius: i) failed to give due consideration to the principles of proportionality and parity; and ii) breached the Appellant’s constitutional rights. (2) Whether the mandatory minimum sentence of penal servitude that a convicted person can be sentenced to under section 30(1)(f)(i) of the Dangerous Drugs Act, coupled with section 47(4), is unconstitutional.

Facts

The Appellant stood charged before the Intermediate Court of Mauritius with six offences committed in April 2017, including the offence of drug dealing: possession of cannabis for the purpose of selling in breach of sections 30(1)(f)(i) and 47(5)(a) of the Dangerous Drugs Act (“Count 1”). Count 1 is the only offence relevant to this appeal. The Appellant pleaded guilty and was convicted and sentenced by the Intermediate Court. Under Count 1, he was sentenced to two years’ imprisonment. The Appellant appealed against that sentence on the ground that it was manifestly harsh and excessive and wrong in principle. The Supreme Court of Mauritius (“the SC”) found that the imposition of a sentence of two years’ imprisonment was not lawful, quashed that sentence and imposed a sentence of three years’ penal servitude in its place. The Appellant applied to the SC for permission to appeal to the Judicial Committee of the Privy Council (“JCPC”). That application was rejected. The Appellant now appeals directly to the JCPC.