Philo v R (CN 19/2017 Appeal from Magistrates Court decision 419/2016) [2018] SCSC 8106 (7 March 2018)

Philo v R (CN 19/2017 Appeal from Magistrates Court decision 419/2016) [2018] SCSC 8106 (7 March 2018)

The evidence established beyond reasonable doubt that the appellant, while operating a grass cutting machine, omitted to take precautions against probable danger to the victim, and the amendment to the charge did not prejudice the appellant; thus, the conviction and sentence are affirmed.

Citation
[2018] SCSC 8106
Parties
Appellant: Gerard Philo; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 March 2018
Case Number
CN 19/2017 Appeal from Magistrates Court decision 419/2016
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; conviction and sentence affirmed
Legal Topics
Recklessness, Negligence, Mens Rea, Burden of Proof, Amendment of Charge
Source Language
English
Criminal Law Recklessness Negligence Mens Rea Burden of Proof Amendment of Charge

Case Brief

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Parties

Gerard Philo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the burden and standard of proof were properly applied
  2. 2 Whether the evidence supported a conviction under section 229(g) of the Penal Code
  3. 3 Whether the offence required proof of mens rea

Ratio Decidendi

The evidence established beyond reasonable doubt that the appellant, while operating a grass cutting machine, omitted to take precautions against probable danger to the victim, and the amendment to the charge did not prejudice the appellant; thus, the conviction and sentence are affirmed.

Court Disposition

appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal against conviction and sentence is dismissed.
  • Conviction and sentence of fine and compensation affirmed.