Brioche & Ors v R (CO 2/2013) [2015] SCSC 102 (6 April 2015)

Brioche & Ors v R (CO 2/2013) [2015] SCSC 102 (6 April 2015)

There is no material change of circumstance since the last remand; the risks of absconding are not sufficiently mitigated by stringent bail conditions, and the medical condition of the 1st accused is being adequately managed in custody. Therefore, bail is refused for the 1st to 5th accused.

Citation
[2015] SCSC 102
Parties
First Accused: Roy Patrick Brioche; Second Accused: Robert Billy Jean; Third Accused: Danny Dereck Bresson; Fourth Accused: Franky Clement Thelermont; Fifth Accused: Naddy Peter Delorie; Sixth Accused: George Michel; Seventh Accused: Steve Esparon; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 April 2015
Case Number
CO 2/2013
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Bail refused for 1st to 5th accused; remanded in custody.
Legal Topics
Bail, Remand, Absconding Risk, Medical Grounds for Bail, Delay in Trial
Source Language
English
Criminal Law Bail Remand Absconding Risk Medical Grounds for Bail Delay in Trial

Case Brief

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Parties

Roy Patrick Brioche

First Accused

Robert Billy Jean

Second Accused

Danny Dereck Bresson

Third Accused

Franky Clement Thelermont

Fourth Accused

Naddy Peter Delorie

Fifth Accused

George Michel

Sixth Accused

Steve Esparon

Seventh Accused

The Republic

Respondent

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused should be granted bail given alleged medical condition and trial delays
  2. 2 Whether there is a material change of circumstances justifying bail
  3. 3 Whether stringent bail conditions can mitigate absconding risk

Ratio Decidendi

There is no material change of circumstance since the last remand; the risks of absconding are not sufficiently mitigated by stringent bail conditions, and the medical condition of the 1st accused is being adequately managed in custody. Therefore, bail is refused for the 1st to 5th accused.

Court Disposition

Bail refused for 1st to 5th accused; remanded in custody.

Orders

  • Superintendent of Prison to report on physiotherapy arrangements for 1st accused by 10th April 2015.
  • 1st to 5th accused remanded to Montagne Posee Prison until 8th April 2015 and to be produced before Seychelles Court of Appeal on that date at 9:00 am.