R v Bijoux (CO 63/2013) [2018] SCSC 8087 (22 February 2018)

R v Bijoux (CO 63/2013) [2018] SCSC 8087 (22 February 2018)

The accused, Claudette Bijoux, falsely represented herself as a public servant and fraudulently obtained money from the complainant and his family under the pretext of securing citizenship, when in fact she was not employed by the Vice President's Office and the payments were not required for citizenship. The prosecution proved beyond reasonable doubt the elements of personation, obtaining by false pretences, and stealing for the relevant counts, except for counts 4 and 6 where evidence was insufficient.

Citation
[2018] SCSC 8087
Parties
Prosecution: The Republic; Accused: Claudette Bijoux
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 February 2018
Case Number
CO 63/2013
Procedural Posture
Criminal / Judgment
Outcome
Conviction on counts 1,2,3,5,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24; Acquittal on counts 4 and 6
Legal Topics
False Pretences, Personation as Public Officer, Stealing, Fraud
Source Language
English
Criminal Law False Pretences Personation as Public Officer Stealing Fraud

Case Brief

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Parties

The Republic

Prosecution

Claudette Bijoux

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused falsely represented herself as a public officer to obtain money by false pretences
  2. 2 Whether the accused obtained money from the complainant by fraud
  3. 3 Whether the accused stole money from the complainant under the pretext of obtaining citizenship

Ratio Decidendi

The accused, Claudette Bijoux, falsely represented herself as a public servant and fraudulently obtained money from the complainant and his family under the pretext of securing citizenship, when in fact she was not employed by the Vice President's Office and the payments were not required for citizenship. The prosecution proved beyond reasonable doubt the elements of personation, obtaining by false pretences, and stealing for the relevant counts, except for counts 4 and 6 where evidence was insufficient.

Court Disposition

Conviction on counts 1,2,3,5,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24; Acquittal on counts 4 and 6

Orders

  • The accused is found guilty and convicted on counts 1,2,3,5,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24.
  • The accused is acquitted on counts 4 and 6.