Leon & Anor v R (CM 132 of 2024) [2024] SCSC 208 (24 December 2024)

Leon & Anor v R (CM 132 of 2024) [2024] SCSC 208 (24 December 2024)

The 1st Applicant/2nd Accused is granted bail with strict conditions as the court is satisfied that the conditions imposed will secure his attendance and mitigate risks. The 2nd Applicant/1st Accused is denied bail due to his conduct while on remand, including being charged with a further offence, indicating he cannot be trusted not to interfere with justice or reoffend.

Citation
[2024] SCSC 208
Parties
1st Applicant / 2nd Accused: Yanic Samuel Leon; 2nd Applicant / 1st Accused: Steven Dave Hoareau; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 December 2024
Case Number
CM 132 of 2024
Procedural Posture
Criminal Bail Application / Ruling on Application to Vary Remand to Bail
Outcome
1st Applicant/2nd Accused granted bail with strict conditions; 2nd Applicant/1st Accused to remain in remand; application for variation of remand order for 2nd Applicant/1st Accused dismissed.
Legal Topics
Bail Pending Trial, Variation of Remand Orders, Controlled Drugs Offences
Source Language
English
Criminal Law Bail Bail Pending Trial Variation of Remand Orders Controlled Drugs Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Yanic Samuel Leon

1st Applicant / 2nd Accused

Steven Dave Hoareau

2nd Applicant / 1st Accused

The Republic

Respondent

Procedural Posture

Criminal Bail Application / Ruling on Application to Vary Remand to Bail

Legal Issues

  1. 1 Whether the Applicants should be released on bail with strict conditions in variation of previous remand orders
  2. 2 Whether there has been a change in circumstances justifying bail
  3. 3 Whether the seriousness of the offence and risk of interference with justice justify continued remand

Ratio Decidendi

The 1st Applicant/2nd Accused is granted bail with strict conditions as the court is satisfied that the conditions imposed will secure his attendance and mitigate risks. The 2nd Applicant/1st Accused is denied bail due to his conduct while on remand, including being charged with a further offence, indicating he cannot be trusted not to interfere with justice or reoffend.

Court Disposition

1st Applicant/2nd Accused granted bail with strict conditions; 2nd Applicant/1st Accused to remain in remand; application for variation of remand order for 2nd Applicant/1st Accused dismissed.

Orders

  • 1st Applicant/2nd Accused to pay cash bail of SCR 30,000.
  • 1st Applicant/2nd Accused to provide two sureties of SCR 15,000 each.