R v Barreau (CO 33/2017) [2017] SCSC 905 (19 July 2017)

R v Barreau (CO 33/2017) [2017] SCSC 905 (19 July 2017)

The prosecution failed to establish substantial grounds that the accused would abscond or commit further offences if released. The seriousness of the offence, while present, was not sufficient alone to justify remand. Bail is granted with strict conditions to mitigate risks.

Citation
[2017] SCSC 905
Parties
Prosecution: The Republic; Accused: Francis Allen Barreau
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 July 2017
Case Number
CO 33/2017
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Bail granted with conditions
Legal Topics
Bail, Controlled Drugs, Remand, Possession With Intent to Traffic
Source Language
English
Criminal Law Bail Controlled Drugs Remand Possession With Intent to Traffic

Case Brief

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Parties

The Republic

Prosecution

Francis Allen Barreau

Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused should be remanded in custody or released on bail pending trial
  2. 2 Whether the prosecution has established substantial grounds for remand under Article 18(7) of the Constitution

Ratio Decidendi

The prosecution failed to establish substantial grounds that the accused would abscond or commit further offences if released. The seriousness of the offence, while present, was not sufficient alone to justify remand. Bail is granted with strict conditions to mitigate risks.

Court Disposition

Bail granted with conditions

Orders

  • Accused to report to Baie Ste Anne Police Station every Monday at 5:00 p.m.
  • Accused to surrender passport or travel documents to the Court Registry.