Alcindor v Republic (20 of 2008) [2010] SCSC 28 (28 March 2010)

Alcindor v Republic (20 of 2008) [2010] SCSC 28 (28 March 2010)

The magistrate was entitled to accept the evidence of identification and infer common intention from the appellant's conduct; there was no reason to interfere with the findings as the evidence was not so improbable as to be disbelieved.

Citation
[2010] SCSC 28
Parties
Appellant: Eddison Alcindor; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 March 2010
Case Number
20 of 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; conviction and sentence upheld
Legal Topics
Breaking and Entering, Stealing, Common Intention, Identification Evidence
Source Language
English
Criminal Law Breaking and Entering Stealing Common Intention Identification Evidence

Case Brief

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Parties

Eddison Alcindor

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction was supported by evidence beyond reasonable doubt
  2. 2 Whether there were material inconsistencies in prosecution evidence
  3. 3 Whether common intention was established

Ratio Decidendi

The magistrate was entitled to accept the evidence of identification and infer common intention from the appellant's conduct; there was no reason to interfere with the findings as the evidence was not so improbable as to be disbelieved.

Court Disposition

appeal dismissed; conviction and sentence upheld

Orders

  • appeal dismissed
  • conviction and sentence imposed by the magistrate upheld