R v Fanchette (CO 70/2017) [2018] SCSC 8044 (22 January 2018)

R v Fanchette (CO 70/2017) [2018] SCSC 8044 (22 January 2018)

The court held that the seriousness of the offence and public interest, combined with the risk of absconding and interference with witnesses, justified continued remand of the accused. No change of circumstances was shown to warrant bail.

Citation
[2018] SCSC 8044
Parties
Prosecution: The Republic; Accused: Kenny Neville Fanchette
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 January 2018
Case Number
CO 70/2017
Procedural Posture
Criminal / Bail Application Ruling
Outcome
bail denied, accused remanded in custody
Legal Topics
Bail, Remand, Public Interest, Presumption of Innocence, Identification Evidence
Source Language
English
Criminal Law Constitutional Law Bail Remand Public Interest Presumption of Innocence Identification Evidence

Case Brief

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Parties

The Republic

Prosecution

Kenny Neville Fanchette

Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether seriousness of the offence alone justifies remand of the accused
  2. 2 Whether public interest and risk of absconding/interference justify denial of bail
  3. 3 Whether identification evidence is sufficient to warrant continued remand

Ratio Decidendi

The court held that the seriousness of the offence and public interest, combined with the risk of absconding and interference with witnesses, justified continued remand of the accused. No change of circumstances was shown to warrant bail.

Court Disposition

bail denied, accused remanded in custody

Orders

  • Accused to remain in custody
  • Case to proceed on Plead and Direction Hearing