R v JPH (CM 96 of 2020) [2023] SCSC 427 (23 January 2023)

R v JPH (CM 96 of 2020) [2023] SCSC 427 (23 January 2023)

The court found the complainant's testimony credible and corroborated by the accused's confession and other evidence. The accused's denial and alternative explanations were inconsistent and contradicted by witnesses. The court held that the complainant, being under 15 at the time of the first assault, could not...

Source-derived case information.

Citation
[2023] SCSC 427
Parties
Prosecution: The Republic; Accused: [Redacted]
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 January 2023 9 June 2023 23 January 2023
Case Number
CM 96 of 2020
Procedural Posture
Criminal / Judgment
Outcome
Conviction on counts 1, 2, and 4; acquittal on count 3 (incest)
Legal Topics
Sexual Assault, Sexual Offences Against Children, Incest, Abortion and Miscarriage, Burden of Proof
Source Language
english
Criminal Law Sexual Assault Sexual Offences Against Children Incest Abortion and Miscarriage Burden of Proof

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Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

[Redacted]

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused sexually assaulted the complainant in violation of section 130(1) of the Penal Code
  2. 2 Whether the accused sexually assaulted a dependent child contrary to section 136(1)(a) of the Penal Code
  3. 3 Whether the accused committed incest under section 151A(1) of the Penal Code

Ratio Decidendi

The court found the complainant's testimony credible and corroborated by the accused's confession and other evidence. The accused's denial and alternative explanations were inconsistent and contradicted by witnesses. The court held that the complainant, being under 15 at the time of the first assault, could not legally consent, and subsequent acts were not consensual but acts of submission under duress and psychological manipulation. The prosecution proved beyond reasonable doubt the offences of sexual assault, sexual assault of a dependent child, and procuring a miscarriage. However, reasonable doubt remained as to the paternity of the complainant, leading to acquittal on the incest charge.

Court Disposition

Conviction on counts 1, 2, and 4; acquittal on count 3 (incest)

Orders

  • The accused is found guilty of sexual assault, sexual assault of a dependent child, and procuring a miscarriage.
  • The accused is acquitted of the charge of incest.