R vs Dubois and others (CO 43.2012) [2014] SCSC 32 (31 January 2014)

R vs Dubois and others (CO 43.2012) [2014] SCSC 32 (31 January 2014)

The court found that the prosecution proved beyond reasonable doubt that the accused, acting with common intention, obstructed, threatened, assaulted, and caused injury to NDEA agents and wilfully damaged NDEA vehicles. The evidence of the prosecution witnesses was corroborated and credible, while the defence was rejected as self-serving and unsupported.

Citation
[2014] SCSC 32
Parties
Prosecution: The Republic; First Accused: Naddy Dubois; Second Accused: Marie Jean; Third Accused: Shelton Jean; Fourth Accused: Jean-Yves Dubois; Fifth Accused: Vincent Marie; Sixth Accused: Andrew Sophola
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 January 2014
Case Number
CO 43.2012
Procedural Posture
Criminal / Judgment
Outcome
Conviction and partial acquittal
Legal Topics
Obstruction of Law Enforcement, Assault, Grievous Harm, Damage to Property, Common Intention
Source Language
English
Criminal Law Obstruction of Law Enforcement Assault Grievous Harm Damage to Property Common Intention

Case Brief

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Parties

The Republic

Prosecution

Naddy Dubois

First Accused

Marie Jean

Second Accused

Shelton Jean

Third Accused

Jean-Yves Dubois

Fourth Accused

Vincent Marie

Fifth Accused

Andrew Sophola

Sixth Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused obstructed, interfered with, resisted or delayed NDEA Agents in the exercise of their duties
  2. 2 Whether the accused threatened or committed violence against NDEA Agents
  3. 3 Whether the accused wilfully and unlawfully caused damage to NDEA property

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused, acting with common intention, obstructed, threatened, assaulted, and caused injury to NDEA agents and wilfully damaged NDEA vehicles. The evidence of the prosecution witnesses was corroborated and credible, while the defence was rejected as self-serving and unsupported.

Court Disposition

Conviction and partial acquittal

Orders

  • 1st, 2nd, 3rd, and 4th accused convicted on count 1 (obstruction of NDEA agents)
  • 1st, 2nd, 3rd, and 4th accused convicted on count 2 (threatening/violence against NDEA agents)