Dufrene v Bacco (109 of 2003) [2006] SCSC 11 (14 May 2006)

Dufrene v Bacco (109 of 2003) [2006] SCSC 11 (14 May 2006)

The court found, on a balance of probabilities, that the defendant used a long knife with the intention of causing actual bodily harm to the plaintiff, resulting in a deep laceration to her right hand. The injury could not have been caused by a flower pot or broken glass. The defendant is liable in damages.

Citation
[2006] SCSC 11
Parties
Plaintiff: Mac Denise Dufrene; Defendant: Patrick Bacco
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 May 2006
Case Number
109 of 2003
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Personal Injury, Delict, Damages, Assault
Source Language
English
Tort Law Personal Injury Delict Damages Assault

Case Brief

Summary, issues, holding and outcome

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Parties

Mac Denise Dufrene

Plaintiff

Patrick Bacco

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for the injuries suffered by the plaintiff as a result of an alleged knife attack
  2. 2 Whether the injuries were caused by a knife or by accidental contact with a flower pot or broken glass
  3. 3 Quantum of damages payable for pain, suffering, trauma, mental anguish, and permanent scarring

Ratio Decidendi

The court found, on a balance of probabilities, that the defendant used a long knife with the intention of causing actual bodily harm to the plaintiff, resulting in a deep laceration to her right hand. The injury could not have been caused by a flower pot or broken glass. The defendant is liable in damages.

Court Disposition

judgment for the plaintiff

Orders

  • Plaintiff awarded Rs.20,000 for pain, suffering, trauma and mental anguish
  • Plaintiff awarded Rs.8,000 for permanent scar