R v Labrosse (CO 62/2018) [2021] SCSC 845 (4 February 2021)

R v Labrosse (CO 62/2018) [2021] SCSC 845 (4 February 2021)

The court found that the accused recruited the complainants through deception and misrepresentation of financial incentives and working conditions, harboured them in substandard accommodation, and intentionally exploited their vulnerability for financial gain by withholding salaries and allowances, thus fulfilling all elements of trafficking in persons under the Act. The accused's explanations were rejected as lacking credibility and legal basis.

Citation
[2021] SCSC 845
Parties
Prosecution: Republic; Accused: Israel Labrosse
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 February 2021
Case Number
CO 62/2018
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Trafficking in Persons, Forced Labour, Exploitation of Migrant Workers, Employment Law, Deception and Misrepresentation
Source Language
English
Criminal Law Human Rights Trafficking in Persons Forced Labour Exploitation of Migrant Workers Employment Law Deception and Misrepresentation

Case Brief

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Parties

Republic

Prosecution

Israel Labrosse

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused recruited, harboured, and exploited the complainants through deception and misrepresentation for the purpose of trafficking in persons under the Prohibition of Trafficking in Persons Act 2014
  2. 2 Whether the accused intended to exploit the complainants for financial gain

Ratio Decidendi

The court found that the accused recruited the complainants through deception and misrepresentation of financial incentives and working conditions, harboured them in substandard accommodation, and intentionally exploited their vulnerability for financial gain by withholding salaries and allowances, thus fulfilling all elements of trafficking in persons under the Act. The accused's explanations were rejected as lacking credibility and legal basis.

Court Disposition

Conviction

Orders

  • The accused is convicted of the offence of trafficking in persons contrary to section 3(1)(a),(b) read with section 5(1) of the Prohibition of Trafficking in Persons Act 2014.