R v Dubignon (CO 3/1998) [1998] SCSC 9 (23 July 1998)

R v Dubignon (CO 3/1998) [1998] SCSC 9 (23 July 1998)

There is no change in circumstances to justify bail at this stage, as the prosecution case is almost at an end, and the risk of absconding or interference with witnesses remains; thus, bail is refused.

Citation
[1998] SCSC 9
Parties
Prosecution: Republic; Accused: Dubignon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 July 1998
Case Number
CO 3/1998
Procedural Posture
Criminal / Bail Application During Ongoing Trial
Outcome
bail refused
Legal Topics
Bail, Right to Fair Hearing, Right to Liberty, Trial Procedure
Source Language
English
Criminal Law Constitutional Law Bail Right to Fair Hearing Right to Liberty Trial Procedure

Case Brief

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Parties

Republic

Prosecution

Dubignon

Accused

Procedural Posture

Criminal / Bail Application During Ongoing Trial

Legal Issues

  1. 1 Whether the accused should be granted bail during the ongoing trial after prosecution has adduced evidence of 27 witnesses
  2. 2 Whether delay in trial justifies granting bail
  3. 3 Whether constitutional rights to liberty and fair hearing are violated by continued remand

Ratio Decidendi

There is no change in circumstances to justify bail at this stage, as the prosecution case is almost at an end, and the risk of absconding or interference with witnesses remains; thus, bail is refused.

Court Disposition

bail refused

Orders

  • application for bail is refused