R v Lai Lam (CO 63/2018) [2020] SCSC 504 (14 May 2020)

R v Lai Lam (CO 63/2018) [2020] SCSC 504 (14 May 2020)

The prosecution failed to prove gross negligence required for manslaughter, but proved beyond reasonable doubt that the accused drove in a manner far below the standard expected of a competent and careful driver, causing death by dangerous driving. The defence of accident under section 10 of the Penal Code was inapplicable as the offence was under the Road Transport Act and the act was not independent of the accused's will.

Citation
[2020] SCSC 504
Parties
Prosecution: Republic; Accused: Robert Roland Lai Lam
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 May 2020
Case Number
CO 63/2018
Procedural Posture
Criminal / Judgment
Outcome
conviction on alternative count
Legal Topics
Dangerous Driving Causing Death, Manslaughter, Criminal Negligence, Accident Defence
Source Language
English
Criminal Law Road Traffic Law Dangerous Driving Causing Death Manslaughter Criminal Negligence Accident Defence

Case Brief

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Parties

Republic

Prosecution

Robert Roland Lai Lam

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of manslaughter under section 192 of the Penal Code
  2. 2 Whether the accused is guilty of causing death by dangerous driving under section 25 of the Road Transport Act
  3. 3 Whether the defence of accident under section 10 of the Penal Code applies

Ratio Decidendi

The prosecution failed to prove gross negligence required for manslaughter, but proved beyond reasonable doubt that the accused drove in a manner far below the standard expected of a competent and careful driver, causing death by dangerous driving. The defence of accident under section 10 of the Penal Code was inapplicable as the offence was under the Road Transport Act and the act was not independent of the accused's will.

Court Disposition

conviction on alternative count

Orders

  • Accused found not guilty of manslaughter (Count 1)
  • Accused found guilty and convicted of causing death by dangerous driving (Count 2)