R v Edmond (CO 38/2004) [2009] SCSC 147 (15 May 2009)

R v Edmond (CO 38/2004) [2009] SCSC 147 (15 May 2009)

The prosecution proved beyond reasonable doubt that the accused committed an act of indecency towards a child under 15 years. The defence of intoxication failed as it was voluntary and did not negate mens rea. The complainant's evidence was corroborated by medical findings and other evidence.

Citation
[2009] SCSC 147
Parties
Prosecutor: Republic; Accused: Simon Pierre Edmond
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 May 2009
Case Number
CO 38/2004
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Indecency Towards a Child, Sexual Offences, Intoxication as a Defence, Corroboration of Child Testimony
Source Language
English
Criminal Law Indecency Towards a Child Sexual Offences Intoxication as a Defence Corroboration of Child Testimony

Case Brief

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Parties

Republic

Prosecutor

Simon Pierre Edmond

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed an act of indecency towards a child under 15 years
  2. 2 Whether intoxication negates mens rea for the offence charged
  3. 3 Whether the evidence of the child complainant requires corroboration

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused committed an act of indecency towards a child under 15 years. The defence of intoxication failed as it was voluntary and did not negate mens rea. The complainant's evidence was corroborated by medical findings and other evidence.

Court Disposition

Conviction

Orders

  • The accused is convicted as charged.