R v Toussaint (Criminal Appeal Side No. 12 of 2010) [2011] SCSC 79 (25 April 2011)

R v Toussaint (Criminal Appeal Side No. 12 of 2010) [2011] SCSC 79 (25 April 2011)

The court held that the evidence established beyond reasonable doubt that the appellant drove dangerously, causing the fatal accident, and that none of the grounds of appeal had merit. The conviction and sentence were affirmed.

Source-derived case information.

Citation
[2011] SCSC 79
Parties
Appellant: Bernard Robert Toussaint; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 April 2011
Case Number
Criminal Appeal Side No. 12 of 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; conviction and sentence affirmed
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Criminal Appeals, Sentencing
Source Language
english
Criminal Law Road Traffic Law Dangerous Driving Causing Death by Dangerous Driving Criminal Appeals Sentencing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bernard Robert Toussaint

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for causing death by dangerous driving and dangerous driving was supported by the evidence
  2. 2 Whether the trial magistrate erred in accepting the prosecution's evidence regarding the point of impact and the position of the deceased
  3. 3 Whether contributory negligence or alleged drinking by occupants of the mini-moke affected the appellant's criminal liability

Ratio Decidendi

The court held that the evidence established beyond reasonable doubt that the appellant drove dangerously, causing the fatal accident, and that none of the grounds of appeal had merit. The conviction and sentence were affirmed.

Court Disposition

appeal dismissed; conviction and sentence affirmed

Orders

  • Appellant given 3 months to pay fines imposed by the trial court