R v JR (CO26/2016) [2018] SCSC 8096 (28 February 2018)

The court found the complainant credible and her testimony corroborated by forensic DNA evidence, establishing beyond reasonable doubt that the accused sexually assaulted her without consent. The accused's testimony was inconsistent and contradicted by his own confession and witness. The prosecution proved all elements of sexual assault under Section 130(1) and (2)(d) of the Penal Code.

Citation: [2018] SCSC 8096
Parties: Prosecution: Republic; Accused: JR; Complainant: XY
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 28 February 2018
Case Number: CO26/2016
Procedural Posture: Criminal / Judgment
Outcome: Conviction
Legal Topics: Sexual Assault, Consent, Evidence, Credibility of Witnesses
Source Language: English

Criminal Law Sexual Assault Consent Evidence Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2

Parties

Republic

Prosecution

Accused

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused sexually assaulted the complainant
2 Whether the sexual act was consensual
3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

Court Disposition

Conviction

Orders

The accused is found guilty of Count 1 (sexual assault) and convicted accordingly.
No necessity to consider Count 2 as it was in the alternative.