R v Esparon (CO 71/2013) [2018] SCSC 8056 (31 January 2018)

R v Esparon (CO 71/2013) [2018] SCSC 8056 (31 January 2018)

The prosecution failed to prove the degree of negligence required for manslaughter, but proved beyond reasonable doubt that the accused drove dangerously, left his lane, and caused the death of the victim, thus satisfying all elements of causing death by dangerous driving under Section 25 of the Road Transport Act.

Citation
[2018] SCSC 8056
Parties
Prosecution: The Republic; Accused: Bertrand Esparon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 January 2018
Case Number
CO 71/2013
Procedural Posture
Criminal / Judgment
Outcome
Convicted on Count 2 (causing death by dangerous driving); Acquitted on Count 1 (manslaughter)
Legal Topics
Manslaughter, Dangerous Driving, Causing Death by Dangerous Driving, Negligence, Standard of Proof
Source Language
English
Criminal Law Road Traffic Law Manslaughter Dangerous Driving Causing Death by Dangerous Driving Negligence Standard of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Bertrand Esparon

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of manslaughter under Section 192 of the Penal Code
  2. 2 Whether the accused is guilty of causing death by dangerous driving under Section 25 of the Road Transport Act

Ratio Decidendi

The prosecution failed to prove the degree of negligence required for manslaughter, but proved beyond reasonable doubt that the accused drove dangerously, left his lane, and caused the death of the victim, thus satisfying all elements of causing death by dangerous driving under Section 25 of the Road Transport Act.

Court Disposition

Convicted on Count 2 (causing death by dangerous driving); Acquitted on Count 1 (manslaughter)

Orders

  • Accused found not guilty of manslaughter under Section 192 of the Penal Code.
  • Accused found guilty of causing death by dangerous driving under Section 25 of the Road Transport Act.