R v Pothin (2 of 2007) [2007] SCSC 44 (13 December 2007)

R v Pothin (2 of 2007) [2007] SCSC 44 (13 December 2007)

The appellant could not avail himself of the defence of provocation due to intoxication and lack of immediate peril; the force used was excessive and not proportionate, negating self-defence; the trial judge did not misdirect the jury on intoxication or self-defence; the appeal fails.

Citation
[2007] SCSC 44
Parties
Appellant: Norris Pothin; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 December 2007
Case Number
2 of 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed.
Legal Topics
Murder, Manslaughter, Provocation, Intoxication, Self Defence, Sentencing
Source Language
English
Criminal Law Murder Manslaughter Provocation Intoxication Self Defence Sentencing

Case Brief

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Parties

Norris Pothin

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in directing the jury on involuntary intoxication
  2. 2 Whether the trial judge failed to direct the jury to consider manslaughter as a possible verdict
  3. 3 Whether the trial judge misdirected the jury on self-defence

Ratio Decidendi

The appellant could not avail himself of the defence of provocation due to intoxication and lack of immediate peril; the force used was excessive and not proportionate, negating self-defence; the trial judge did not misdirect the jury on intoxication or self-defence; the appeal fails.

Court Disposition

Appeal dismissed.

Orders

  • Appellant to serve the sentence as imposed by the trial court.