R v Henri (CR 31/2019) [2020] SCSC 460 (2 March 2020)

R v Henri (CR 31/2019) [2020] SCSC 460 (2 March 2020)

The applicant's medical condition does not amount to a compelling change of circumstances as it is not severe and can be managed with proper accommodation, which is available at Montagne Possee prison. Therefore, continued remand is justified.

Source-derived case information.

Citation
[2020] SCSC 460
Parties
Prosecution: The Republic; Applicant: Lance Henri
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 March 2020
Case Number
CR 31/2019
Procedural Posture
Criminal / Bail Application (third Application)
Outcome
Bail denied; applicant to remain remanded.
Legal Topics
Bail, Right to Liberty, Remand, Change of Circumstances
Source Language
english
Criminal Law Constitutional Law Bail Right to Liberty Remand Change of Circumstances

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Lance Henri

Applicant

Procedural Posture

Criminal / Bail Application (third Application)

Legal Issues

  1. 1 Whether the applicant's medical condition constitutes a change of circumstances warranting release on bail
  2. 2 Whether the applicant's right to liberty under the Constitution is infringed by continued remand

Ratio Decidendi

The applicant's medical condition does not amount to a compelling change of circumstances as it is not severe and can be managed with proper accommodation, which is available at Montagne Possee prison. Therefore, continued remand is justified.

Court Disposition

Bail denied; applicant to remain remanded.

Orders

  • Applicant to be remanded at Montagne Possee prison with adequate ventilation, dust and smoke free, and with no humidity as guaranteed by the Commissioner of Police.