R v Pierre (CO 71/2003) [2007] SCSC 134 (8 October 2007)

R v Pierre (CO 71/2003) [2007] SCSC 134 (8 October 2007)

The defendant was found to have committed sexual assault on both complainants without valid consent. Any purported consent was vitiated by misrepresentation, and in the case of B, by incapacity to consent. The evidence of the complainants was credible and corroborated. The defendant's lies to police further corroborated the prosecution's case.

Citation
[2007] SCSC 134
Parties
Prosecutor: Republic; Defendant: Frederic Pierre
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 October 2007
Case Number
CO 71/2003
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Sexual Assault, Consent, Misrepresentation, Corroboration
Source Language
English
Criminal Law Sexual Assault Consent Misrepresentation Corroboration

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Prosecutor

Frederic Pierre

Defendant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the defendant committed sexual assault on the complainants without consent
  2. 2 Whether any consent was vitiated by misrepresentation
  3. 3 Whether corroboration of complainant evidence was required

Ratio Decidendi

The defendant was found to have committed sexual assault on both complainants without valid consent. Any purported consent was vitiated by misrepresentation, and in the case of B, by incapacity to consent. The evidence of the complainants was credible and corroborated. The defendant's lies to police further corroborated the prosecution's case.

Court Disposition

Conviction

Orders

  • The defendant is found guilty of sexual assault on two counts contrary to section 130(2)(d) and 130(2)(a) of the Penal Code and is convicted accordingly.