R v JL & Anor (CR 79/2015) [2020] SCSC 472 (26 March 2020)

R v JL & Anor (CR 79/2015) [2020] SCSC 472 (26 March 2020)

The 1st accused was found guilty based on the credible, consistent, and cogent testimony of the complainant, supported by her mother and medical evidence, while the 2nd accused was acquitted due to doubt arising from inconsistencies and lack of direct evidence, with the burden of proof not met beyond reasonable doubt.

Citation
[2020] SCSC 472
Parties
Prosecution: Republic; 1st Accused: J L Gabriel; 2nd Accused: L
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2020
Case Number
CR 79/2015
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
1st accused convicted on two counts; 2nd accused acquitted
Legal Topics
Indecency Towards a Child, Sexual Offences, Burden of Proof, Credibility of Witnesses
Source Language
English
Criminal Law Indecency Towards a Child Sexual Offences Burden of Proof Credibility of Witnesses

Case Brief

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Parties

Republic

Prosecution

J L Gabriel

1st Accused

L

2nd Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused committed acts of indecency towards a child under 15 contrary to Section 135(1) of the Penal Code
  2. 2 Whether the prosecution proved the charges beyond reasonable doubt

Ratio Decidendi

The 1st accused was found guilty based on the credible, consistent, and cogent testimony of the complainant, supported by her mother and medical evidence, while the 2nd accused was acquitted due to doubt arising from inconsistencies and lack of direct evidence, with the burden of proof not met beyond reasonable doubt.

Court Disposition

1st accused convicted on two counts; 2nd accused acquitted

Orders

  • 1st accused convicted of two counts of indecency towards a child under 15 contrary to Section 135(1) of the Penal Code
  • 2nd accused acquitted of all charges