Seychelles Case Law

The ACCS v Valabhji & Ors (CO 114 of 2021)

The ACCS v Valabhji & Ors (CO 114 of 2021) [2024] SCSC 117 (22 April 2024)

Court

Supreme Court

Case number

CO 114 of 2021

Leave to amend charges is granted in part: trial is stayed pending determination by Constitutional Court on jurisdiction and retrospectivity; leave to proceed with money laundering counts is subject to Constitutional Court decision; leave to file amended count 1 is granted; leave to file amended charges for official corruption and conspiracy to launder money is denied due to defects; defective counts are struck out but may be corrected and refiled; remaining charges stay on record pending Constitutional Court outcome.

Source excerpt

• Amendment of charges
• Jurisdiction of prosecuting authority
• Money laundering
• Official corruption
• Fair trial rights
• Procedural defects

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Atom Holdings v AAX Limited (MC 36 of 2023)

Atom Holdings v AAX Limited (MC 36 of 2023) [2024] SCSC 90 (17 April 2024)

Court

Supreme Court

Case number

MC 36 of 2023

The Supreme Court of Seychelles allowed a winding up application by Atom Holdings against AAX Limited and permitted the proceedings to continue.

• Winding up
• Insolvency
• Creditor rights
• Just and equitable grounds
• Company-winding-up
• Creditor-rights

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R v Azemia & Ors (CO 90 of 2021)

R v Azemia & Ors (CO 90 of 2021) [2024] SCSC 51 (15 April 2024)

Court

Supreme Court

Case number

CO 90 of 2021

The court found that the accused entered into an agreement and made preparations to bomb the Grand Anse Petrol Station, satisfying the elements of conspiracy. The accused were found in possession of explosive materials without lawful object. The evidence did not establish that their actions went beyond preparation to constitute an attempt. The defence of entrapment/agent provocateur did not apply as the accused would have committed the offence without the alleged inducement.

Source excerpt

• Conspiracy
• Possession of explosives
• Entrapment
• Attempted offences

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Radegonde v Servina & Ors (CS 139 of 2019)

Radegonde v Servina & Ors (CS 139 of 2019) [2024] SCSC 86 (8 April 2024)

Court

Supreme Court

Case number

CS 139 of 2019

The Supreme Court of Seychelles dismissed an application to rectify the Land Register after finding the error lay in the houses being built on the wrong parcels, not in the registrations.

• Rectification of land register
• Mistaken construction
• Ownership dispute
• Procedural compliance
• Rectification-of-land-register
• Land-registration-act

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Valabhji v ACCS (CM 122 of 2023)

Valabhji v ACCS (CM 122 of 2023) [2024] SCSC 45 (5 April 2024)

Court

Supreme Court

Case number

CM 122 of 2023

The Court held that in the context of section 26(3) of the Anti-Money Laundering Act 2006 as amended, the filing of a Notice of Motion to amend charges to add a new offence constitutes the institution of proceedings or the making of a relevant application. The statutory requirement is satisfied by filing the application within one week of the Restraint Order, regardless of when the application is heard or determined. The applicant's construction would lead to impractical and absurd results, contrary to legislative intent.

Source excerpt

• Restraint orders
• Institution of proceedings
• Amendment of charges
• Penal statutes
• Statutory construction

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R v Petrousse (CR 72 of 2020)

R v Petrousse (CR 72 of 2020) [2024] SCSC 46 (5 April 2024)

Court

Supreme Court

Case number

CR 72 of 2020

On sentence for prohibited recordings and possession of prohibited visual recordings, the court imposed suspended two-year prison terms, fines, and compensation for the complainant.

• Prohibited recordings
• Possession of prohibited visual recording
• Threatening violence
• Sentencing
• First offender
• Compensation

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Gabrielle v Delcy & Ors (CS 90 of 2023)

Gabrielle v Delcy & Ors (CS 90 of 2023) [2024] SCSC 47 (4 April 2024)

Court

Supreme Court

Case number

CS 90 of 2023

The Supreme Court declared that Cliff George Gabrielle is the biological son of the late Jean Rene Delcy and ordered the birth register amended accordingly.

• Paternity declaration
• Birth certificate amendment
• Intestate succession
• Paternity-declaration
• Birth-certificate-amendment
• Family-law

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Government of Seychelles v Delpeche & Anor (MC 10 of 2024)

Government of Seychelles v Delpeche & Anor (MC 10 of 2024) [2024] SCSC 43 (4 April 2024)

Court

Supreme Court

Case number

MC 10 of 2024

The Supreme Court granted a disposal order under the POCCCA, transferring SCR102,000 held in an FCIU receivership account to the Republic.

• Proceeds of crime
• Civil confiscation
• Disposal order
• Interlocutory order
• Civil-confiscation
• Proceeds-of-crime

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R v Augustin (CR 63 of 2023)

R v Augustin (CR 63 of 2023) [2024] SCSC 44 (4 April 2024)

Court

Supreme Court

Case number

CR 63 of 2023

On a guilty plea for arson, the court imposed 7 years on one count and 4 years on another, to run concurrently, after weighing aggravation and mitigation.

• Arson
• Sentencing
• Mitigation
• Concurrent sentences
• Concurrent-sentences

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R v Valabhji & Ors (CO 4 of 2024)

R v Valabhji & Ors (CO 4 of 2024) [2024] SCSC 42 (3 April 2024)

Court

Supreme Court

Case number

CO 4 of 2024

The Supreme Court ordered release of movable property to the 2nd accused, and personal effects to the 1st accused, while preserving property covered by a restraint order.

• Release of property
• Restraint order
• Inventory of assets
• Release-of-property
• Restraint-order
• Inventory-of-assets

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