R v Albert & Anor (CO 27/2015) [2018] SCSC 8073 (13 February 2018)

R v Albert & Anor (CO 27/2015) [2018] SCSC 8073 (13 February 2018)

The court found the fingerprint evidence on the chest of drawers, which was not more than two weeks old, placed the first accused at the scene during the relevant period. The accused's explanation was rejected as the housekeeper had left a month prior. The court held that the accused aided and abetted the housebreaking and theft. The second accused was found guilty of retaining stolen property, as he attempted to sell a necklace identified as stolen, knowing or having reason to believe it was stolen.

Citation
[2018] SCSC 8073
Parties
Prosecutor: The Republic; First Accused: Godfrey Jimmy Albert; Second Accused: Terry Pointe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 February 2018
Case Number
CO 27/2015
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Housebreaking, Aiding and Abetting, Stealing From Dwelling House, Retaining Stolen Property, Fingerprint Evidence, Circumstantial Evidence
Source Language
English
Criminal Law Housebreaking Aiding and Abetting Stealing From Dwelling House Retaining Stolen Property Fingerprint Evidence Circumstantial Evidence

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Parties

The Republic

Prosecutor

Godfrey Jimmy Albert

First Accused

Terry Pointe

Second Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused Godfrey Jimmy Albert aided and abetted housebreaking and stealing from a dwelling house
  2. 2 Whether the accused Terry Pointe retained property knowing it was stolen
  3. 3 Whether fingerprint and circumstantial evidence sufficiently link the accused to the offences

Ratio Decidendi

The court found the fingerprint evidence on the chest of drawers, which was not more than two weeks old, placed the first accused at the scene during the relevant period. The accused's explanation was rejected as the housekeeper had left a month prior. The court held that the accused aided and abetted the housebreaking and theft. The second accused was found guilty of retaining stolen property, as he attempted to sell a necklace identified as stolen, knowing or having reason to believe it was stolen.

Court Disposition

Conviction

Orders

  • Godfrey Jimmy Albert convicted on Count 2 (Aiding and Abetting in Housebreaking) and Count 3 (Stealing from Dwelling House)
  • Terry Pointe convicted on Count 4 (Retaining Stolen Property)