R v Panagary (61 of 2008) [2009] SCSC 67 (22 March 2009)

R v Panagary (61 of 2008) [2009] SCSC 67 (22 March 2009)

The court found the prosecution witnesses credible and the identification of the defendant by Mrs. Zialor reliable, applying the Turnbull guidelines. The defence of alibi and mistaken identity was rejected due to inconsistencies and lack of credibility. The prosecution proved the offences beyond reasonable doubt.

Citation
[2009] SCSC 67
Parties
Prosecution: The Republic; Defendant: France Panagary
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 March 2009
Case Number
61 of 2008
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Robbery With Violence, Breaking Into Building, Alibi, Mistaken Identity, Standard of Proof
Source Language
English
Criminal Law Robbery With Violence Breaking Into Building Alibi Mistaken Identity Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

France Panagary

Defendant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the defendant committed robbery with violence
  2. 2 Whether the defendant broke into the building to commit a felony
  3. 3 Whether the defence of alibi and mistaken identity is credible

Ratio Decidendi

The court found the prosecution witnesses credible and the identification of the defendant by Mrs. Zialor reliable, applying the Turnbull guidelines. The defence of alibi and mistaken identity was rejected due to inconsistencies and lack of credibility. The prosecution proved the offences beyond reasonable doubt.

Court Disposition

Conviction

Orders

  • The defendant France Panagary is convicted of robbery with violence contrary to Section 280 and punishable under Section 281 of the Penal Code.
  • The defendant is convicted of breaking into a building and committing a felony therein contrary to and punishable under Section 291(a) of the Penal Code.