R v DV (CR 70/2019) [2020] SCSC 558 (20 July 2020)

R v DV (CR 70/2019) [2020] SCSC 558 (20 July 2020)

The court found that while the child was sexually assaulted, there was reasonable doubt as to whether the accused was the perpetrator, given discrepancies in the evidence, the possibility of another perpetrator, and investigative failures.

Citation
[2020] SCSC 558
Parties
Prosecution: Republic; Accused: DV
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 July 2020
Case Number
CR 70/2019
Procedural Posture
Criminal / Judgment
Outcome
Acquittal
Legal Topics
Sexual Assault, Child Witness Credibility, Corroboration, Reasonable Doubt
Source Language
English
Criminal Law Sexual Assault Child Witness Credibility Corroboration Reasonable Doubt

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Prosecution

DV

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused sexually assaulted the complainant, a minor aged 7 years
  2. 2 Whether the complainant's evidence is credible and corroborated
  3. 3 Whether reasonable doubt exists as to the identity of the perpetrator

Ratio Decidendi

The court found that while the child was sexually assaulted, there was reasonable doubt as to whether the accused was the perpetrator, given discrepancies in the evidence, the possibility of another perpetrator, and investigative failures.

Court Disposition

Acquittal

Orders

  • The accused is acquitted of the offences as charged.