JA v R (CR39/2019) [2020] SCSC 425 (20 January 2020)

JA v R (CR39/2019) [2020] SCSC 425 (20 January 2020)

There was no remand order in the present case and the applicant was never remanded. The virtual complainant has already testified and one key witness is deceased. There are no compelling reasons to remand the applicant. Bail is granted with conditions to ensure attendance and prevent interference with witnesses.

Citation
[2020] SCSC 425
Parties
Applicant: Applicant; Respondent: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 January 2020
Case Number
CR39/2019
Procedural Posture
Criminal / Bail Application
Outcome
Bail granted with conditions
Legal Topics
Bail, Sexual Offences, Remand, Rights of Accused
Source Language
English
Criminal Law Constitutional Law Bail Sexual Offences Remand Rights of Accused

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Parties

Applicant

Applicant

Republic

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicant should be released on bail given the circumstances
  2. 2 Whether there are compelling reasons to remand the applicant

Ratio Decidendi

There was no remand order in the present case and the applicant was never remanded. The virtual complainant has already testified and one key witness is deceased. There are no compelling reasons to remand the applicant. Bail is granted with conditions to ensure attendance and prevent interference with witnesses.

Court Disposition

Bail granted with conditions

Orders

  • Applicant to provide cash bail of SR50,000 with two sureties each signing a bail bond of SR50,000
  • Applicant to surrender passport and travel documents to Registrar by 12 noon and Immigration to prevent issuance of new documents