R v EP (CR 57 of 2020) [2024] SCSC 128 (5 February 2024)

R v EP (CR 57 of 2020) [2024] SCSC 128 (5 February 2024)

The court found that the prosecution proved beyond reasonable doubt that the accused recorded and possessed prohibited visual recordings of private sexual acts without the complainant's consent, based on credible testimony, forensic evidence, and corroborating circumstances. The court found no evidence of threatening violence as defined under section 89(a) and acquitted the accused on that count.

Citation
[2024] SCSC 128
Parties
Prosecution: Republic; Accused: [Accused Name Not Provided]
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 February 2024
Case Number
CR 57 of 2020
Procedural Posture
Criminal / Judgment
Outcome
Conviction on Counts 1 and 2; Acquittal on Count 3
Legal Topics
Prohibited Recordings of Private Acts, Possession of Prohibited Visual Recordings, Threatening Violence, Fair Trial Rights
Source Language
English
Criminal Law Prohibited Recordings of Private Acts Possession of Prohibited Visual Recordings Threatening Violence Fair Trial Rights

Case Brief

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Parties

Republic

Prosecution

[Accused Name Not Provided]

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused made prohibited recordings of private acts without consent contrary to section 157A of the Penal Code
  2. 2 Whether the accused was in possession of prohibited visual recordings contrary to section 157C of the Penal Code
  3. 3 Whether the accused threatened violence contrary to section 89(a) of the Penal Code

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused recorded and possessed prohibited visual recordings of private sexual acts without the complainant's consent, based on credible testimony, forensic evidence, and corroborating circumstances. The court found no evidence of threatening violence as defined under section 89(a) and acquitted the accused on that count.

Court Disposition

Conviction on Counts 1 and 2; Acquittal on Count 3

Orders

  • Accused convicted as charged on Count 1: Prohibited Recordings of Private Acts contrary to Section 157A(a) of the Penal Code
  • Accused convicted as charged on Count 2: Possession of prohibited visual recording contrary to section 157C of the Penal Code