R v Dodin & Anor (CO 3/2017) [2018] SCSC 8074 (14 February 2018)

R v Dodin & Anor (CO 3/2017) [2018] SCSC 8074 (14 February 2018)

The court found that the combination of CCTV footage, recognition by police officers, recovery of distinctive clothing, and the voluntary confession of the second accused formed a complete and compelling chain of circumstantial and direct evidence, establishing the guilt of both accused beyond reasonable doubt. The identification was corroborated by multiple sources, and the confession was properly admitted after a voir-dire. The defence of mistaken identity and alibi was not supported by credible evidence.

Citation
[2018] SCSC 8074
Parties
Prosecution: The Republic; First Accused: Davis Dodin; Second Accused: Nelson Marcelin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 February 2018
Case Number
CO 3/2017
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Robbery With Violence, Circumstantial Evidence, Identification, Confession, Admissibility of CCTV Evidence
Source Language
English
Criminal Law Robbery With Violence Circumstantial Evidence Identification Confession Admissibility of CCTV Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Davis Dodin

First Accused

Nelson Marcelin

Second Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused were properly identified as the perpetrators of the robbery with violence
  2. 2 Whether circumstantial evidence and CCTV footage are sufficient to prove guilt beyond reasonable doubt
  3. 3 Whether the confession by the second accused was admissible and voluntary

Ratio Decidendi

The court found that the combination of CCTV footage, recognition by police officers, recovery of distinctive clothing, and the voluntary confession of the second accused formed a complete and compelling chain of circumstantial and direct evidence, establishing the guilt of both accused beyond reasonable doubt. The identification was corroborated by multiple sources, and the confession was properly admitted after a voir-dire. The defence of mistaken identity and alibi was not supported by credible evidence.

Court Disposition

Conviction

Orders

  • Both accused found guilty of robbery with violence contrary to Section 280 of the Penal Code read with Section 23 and punishable under Section 281.
  • Sentencing to be determined in accordance with the Penal Code.