R v Goolam & Ors (CO 112/2021) [2021] SCSC 1083 (10 December 2021)

R v Goolam & Ors (CO 112/2021) [2021] SCSC 1083 (10 December 2021)

The prosecution failed to establish that remand is necessary as bail conditions can ensure the accused's attendance and prevent interference; seriousness of the offence alone is insufficient for remand.

Citation
[2021] SCSC 1083
Parties
Prosecution: The Republic; 1st Accused: Mohammed Goolam; 2nd Accused: Danielito Malbrook; 3rd Accused: Curtis Joubert; 4th Accused: Dominic Alvis
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 December 2021
Case Number
CO 112/2021
Procedural Posture
Criminal / Bail Application
Outcome
Bail granted with conditions
Legal Topics
Bail, Remand, Grievous Harm, Article 18(7) of the Constitution
Source Language
English
Criminal Law Constitutional Law Bail Remand Grievous Harm Article 18(7) of the Constitution

Case Brief

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Parties

The Republic

Prosecution

Mohammed Goolam

1st Accused

Danielito Malbrook

2nd Accused

Curtis Joubert

3rd Accused

Dominic Alvis

4th Accused

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the accused persons should be remanded or released on bail under Article 18(7) of the Constitution
  2. 2 Whether the prosecution has established sufficient grounds for remand based on seriousness of the offence and risk of absconding or interference

Ratio Decidendi

The prosecution failed to establish that remand is necessary as bail conditions can ensure the accused's attendance and prevent interference; seriousness of the offence alone is insufficient for remand.

Court Disposition

Bail granted with conditions

Orders

  • All four accused persons are released on bail with conditions including deposit of travel documents, restriction on leaving jurisdiction, cash bail of SR20,000, bail bond of SR50,000 with two sureties each, reporting to police station, curfew, non-contact with victims or witnesses, prohibition on committing similar...