R v AL (CO 30 of 2023) [2024] SCSC 226 (15 July 2024)

R v AL (CO 30 of 2023) [2024] SCSC 226 (15 July 2024)

The prosecution failed to adduce sufficient credible evidence to establish a prima facie case of sexual assault, with material omissions and contradictions in witness testimony and lack of corroborative medical evidence, rendering the prosecution's case so discredited and unreliable that no reasonable tribunal could convict.

Citation
[2024] SCSC 226
Parties
Prosecution: The Republic; Respondent: A
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 July 2024
Case Number
CO 30 of 2023
Procedural Posture
Criminal / Submission of No Case to Answer at Close of Prosecution's Case
Outcome
Acquittal
Legal Topics
Sexual Assault, Burden of Proof, Standard of Proof, Submission of No Case to Answer
Source Language
English
Criminal Law Sexual Assault Burden of Proof Standard of Proof Submission of No Case to Answer

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

A

Respondent

Procedural Posture

Criminal / Submission of No Case to Answer at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution adduced sufficient evidence to establish a prima facie case of sexual assault against the accused
  2. 2 Whether the evidence of the prosecution was so discredited or unreliable that no reasonable tribunal could convict

Ratio Decidendi

The prosecution failed to adduce sufficient credible evidence to establish a prima facie case of sexual assault, with material omissions and contradictions in witness testimony and lack of corroborative medical evidence, rendering the prosecution's case so discredited and unreliable that no reasonable tribunal could convict.

Court Disposition

Acquittal

Orders

  • Submission of no case to answer upheld
  • Accused acquitted of two counts of sexual assault contrary to Section 130(1) as read with Section 130(2)(d) and Section 130(3)(b) of the Penal Code