Dave Rose & Ors v R (SCA 6 of 2014) [2016] SCCA 29 (9 December 2016)

Dave Rose & Ors v R (SCA 6 of 2014) [2016] SCCA 29 (9 December 2016)

The majority held that the identification evidence, though based on dock identification and CCTV footage, was sufficient given the circumstances (broad daylight, close proximity, and corroboration by medical evidence), and that the doctrine of common intention was properly invoked. There was no basis to interfere with the trial judge’s findings of fact or the sentences imposed.

Citation
[2016] SCCA 29
Parties
Appellant: Dave Rose; Appellant: Christopher Nicholas; Appellant: Leslie Payet; Respondent: The Republic
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
9 December 2016
Case Number
SCA 6 of 2014
Procedural Posture
Criminal Appeal / Appeal From Supreme Court Conviction and Sentence
Outcome
Appeal dismissed by majority; convictions and sentences upheld. Dissent would have allowed the appeal and quashed convictions and sentences.
Legal Topics
Robbery With Violence, Identification Evidence, Common Intention, Sentencing, Appeals on Findings of Fact
Source Language
English
Criminal Law Robbery With Violence Identification Evidence Common Intention Sentencing Appeals on Findings of Fact

Case Brief

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Parties

Dave Rose

Appellant

Christopher Nicholas

Appellant

Leslie Payet

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Supreme Court Conviction and Sentence

Legal Issues

  1. 1 Whether the identification evidence was sufficient to sustain conviction
  2. 2 Whether the doctrine of common intention was properly applied
  3. 3 Whether the sentences imposed were harsh or not in line with precedent

Ratio Decidendi

The majority held that the identification evidence, though based on dock identification and CCTV footage, was sufficient given the circumstances (broad daylight, close proximity, and corroboration by medical evidence), and that the doctrine of common intention was properly invoked. There was no basis to interfere with the trial judge’s findings of fact or the sentences imposed.

Court Disposition

Appeal dismissed by majority; convictions and sentences upheld. Dissent would have allowed the appeal and quashed convictions and sentences.

Orders

  • Period spent in remand custody to count towards sentence.