R v Francis (alias Kalenba) (CS 1/1992) [1997] SCSC 5 (30 January 1997)

R v Francis (alias Kalenba) (CS 1/1992) [1997] SCSC 5 (30 January 1997)

The accused unlawfully and intentionally punched the deceased twice, the second blow being malicious and unwarranted, causing fatal injuries. The defence of self-defence was not available as the deceased did not physically attack the accused. All elements of manslaughter were proved beyond reasonable doubt.

Source-derived case information.

Citation
[1997] SCSC 5
Parties
Prosecutor: Republic; Accused: Jeffrey Francis (alias Kalenba)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 January 1997
Case Number
CS 1/1992
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Manslaughter, Unlawful Act, Self Defence, Burden of Proof
Source Language
english
Criminal Law Manslaughter Unlawful Act Self Defence Burden of Proof

Source-derived case record

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Republic

Prosecutor

Jeffrey Francis (alias Kalenba)

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully killed the deceased
  2. 2 Whether the accused acted in self-defence
  3. 3 Whether the elements of manslaughter are proved beyond reasonable doubt

Ratio Decidendi

The accused unlawfully and intentionally punched the deceased twice, the second blow being malicious and unwarranted, causing fatal injuries. The defence of self-defence was not available as the deceased did not physically attack the accused. All elements of manslaughter were proved beyond reasonable doubt.

Court Disposition

Conviction

Orders

  • The accused is found guilty and convicted of manslaughter as charged.