R v Albert (CO 4/2006) [2008] SCSC 2 (24 January 2008)

R v Albert (CO 4/2006) [2008] SCSC 2 (24 January 2008)

The prosecution failed to establish the charges beyond reasonable doubt as the complainant's evidence was uncorroborated and lacked credibility, and the accused was therefore acquitted on both counts.

Citation
[2008] SCSC 2
Parties
Prosecutor: The Republic; Accused: Romel Albert
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 January 2008
Case Number
CO 4/2006
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Sexual Offences, Indecency, Children, Corroboration, Evidence
Source Language
English
Criminal Law Sexual Offences Indecency Children Corroboration Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecutor

Romel Albert

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the charges under Section 135(1) of the Penal Code were valid in law
  2. 2 Whether the accused committed acts of indecency towards a child under 15 years
  3. 3 Whether the evidence adduced was credible and corroborated

Ratio Decidendi

The prosecution failed to establish the charges beyond reasonable doubt as the complainant's evidence was uncorroborated and lacked credibility, and the accused was therefore acquitted on both counts.

Court Disposition

acquittal

Orders

  • The accused is acquitted on both counts.