R v Emmanuel & Anor (CO 85/2003) [2004] SCSC 44 (12 November 2004)

R v Emmanuel & Anor (CO 85/2003) [2004] SCSC 44 (12 November 2004)

The seriousness of the offence of murder and the mandatory life sentence constitute substantial grounds for believing the accused would abscond, and no change of circumstances or personal hardship justifies granting bail.

Citation
[2004] SCSC 44
Parties
Prosecution: Republic; First Accused: Emmanuel; Second Accused: Or
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 November 2004
Case Number
CO 85/2003
Procedural Posture
Criminal / Bail Application Ruling
Outcome
bail application dismissed
Legal Topics
Bail, Remand, Murder, Jurisdiction
Source Language
English
Criminal Law Constitutional Law Bail Remand Murder Jurisdiction

Case Brief

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Parties

Republic

Prosecution

Emmanuel

First Accused

Or

Second Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused should be granted bail pending trial for murder
  2. 2 Whether delay in trial or personal circumstances justify bail in a murder case

Ratio Decidendi

The seriousness of the offence of murder and the mandatory life sentence constitute substantial grounds for believing the accused would abscond, and no change of circumstances or personal hardship justifies granting bail.

Court Disposition

bail application dismissed

Orders

  • Joint applications for bail by both accused are dismissed.