Boniface v R (SCA 5 of 1997) [1997] SCCA 46 (14 August 1997)
The conviction is upheld as corroboration is not required as a matter of law; however, the sentence is reduced as it was manifestly harsh and excessive.
Source-derived case information.
- Citation
- [1997] SCCA 46
- Parties
- Appellant: Dona Boniface; Respondent: The Republic
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 5 of 1997
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal against conviction dismissed; sentence reduced
- Legal Topics
- Sexual Assault, Corroboration of Evidence, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dona Boniface
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether conviction based solely on uncorroborated evidence of complainant is valid
- 2 Whether sentence imposed was manifestly harsh and excessive
Ratio Decidendi
The conviction is upheld as corroboration is not required as a matter of law; however, the sentence is reduced as it was manifestly harsh and excessive.
Court Disposition
Appeal against conviction dismissed; sentence reduced
Orders
- Sentence reduced to 8 years imprisonment
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL DONA BONIFACE APPELLANT Versus THE REPUBLIC RESPONDENT (Before, H. Goburdhun (P), A. Silungwe (JA) & L Venchard (JAJ Criminal Appeal No. 5 of 1997 ------------------------------------------------------------------------------------- Mr A Juliette for the Appellant Mr R Kanakaratne for the Respondent ~,::/ ... ~'(---------- ~- ( \ JUDGMENT The appellant was convicted of a sexual assault upon a 16 year old girl and was sentenced to a term of imprisonment of 12 years. Mr Juliette submitted that as the appellant had been convicted exclusively the conviction was bad. He on the uncorroborated evidence of the complainant, argued that the English Law of Evidence was applicable and that under English Law corroboration was required as a matter oflaw The appeal against the conviction is dismissed but the sentence is reduced to 8 years imprisonment as it is manifestly harsh and excessive. In deference to the submissions of counsel. the reasons for our judgment will be filed in due course. i..~................. ~ H. Goburdhun President . <:~b ~".~ . ..~ . , A Silungwe L. Venchard Justice of Appeal Justice of Appeal Dated this I.~day of August. 1997