R v AH (CR 69/2019) [2023] SCSC 793 (20 October 2023)

R v AH (CR 69/2019) [2023] SCSC 793 (20 October 2023)

The accused was found guilty of sexual assault against his minor daughter, a serious offence warranting a custodial sentence, and was sentenced to 5 years imprisonment. He was acquitted of the charge of exhibiting indecent material to a child.

Citation
[2023] SCSC 793
Parties
Prosecution: The Republic; Accused: A. H
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 October 2023
Case Number
CR 69/2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction on Count 1, acquittal on Count 2, sentenced to 5 years imprisonment
Legal Topics
Sexual Assault, Child Protection, Sentencing
Source Language
English
Criminal Law Sexual Assault Child Protection Sentencing

Case Brief

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Parties

The Republic

Prosecution

A. H

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused committed sexual assault against his minor daughter
  2. 2 Whether the accused wilfully or negligently exhibited indecent material to a child

Ratio Decidendi

The accused was found guilty of sexual assault against his minor daughter, a serious offence warranting a custodial sentence, and was sentenced to 5 years imprisonment. He was acquitted of the charge of exhibiting indecent material to a child.

Court Disposition

conviction on Count 1, acquittal on Count 2, sentenced to 5 years imprisonment

Orders

  • Accused sentenced to 5 years imprisonment on Count 1
  • Time spent on remand to be discounted against sentence