R v Leon & Anor (CR 62/2018) [2021] SCSC 879 (16 April 2021)

R v Leon & Anor (CR 62/2018) [2021] SCSC 879 (16 April 2021)

The first accused, Justin Leon, was found to have exploited Milton Golder by withholding salary and allowances, providing substandard accommodation, and exerting psychological pressure for the purpose of exploitation, thus committing trafficking in persons. The second accused, Habibur Rahman, was not found to have...

Source-derived case information.

Citation
[2021] SCSC 879
Parties
Prosecution: Republic; 1st Accused: Justin Leon; 2nd Accused: Habibur Rahman
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 April 2021
Case Number
CR 62/2018
Procedural Posture
Criminal / Judgment
Outcome
First accused convicted; second accused acquitted
Legal Topics
Trafficking in Persons, Forced Labour, Exploitation of Workers, Employment Law, Migrant Workers' Rights
Source Language
english
Criminal Law Human Trafficking Trafficking in Persons Forced Labour Exploitation of Workers Employment Law Migrant Workers' Rights

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Summary, issues, holding and outcome

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Parties

Republic

Prosecution

Justin Leon

1st Accused

Habibur Rahman

2nd Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed trafficking in persons contrary to section 3(1) of the Prohibition of Trafficking in Persons Act, 2014
  2. 2 Whether the acts of the accused amounted to exploitation and coercion for the purpose of trafficking
  3. 3 Whether the second accused had the requisite mens rea or participated in the acts of trafficking

Ratio Decidendi

The first accused, Justin Leon, was found to have exploited Milton Golder by withholding salary and allowances, providing substandard accommodation, and exerting psychological pressure for the purpose of exploitation, thus committing trafficking in persons. The second accused, Habibur Rahman, was not found to have the requisite knowledge or involvement in the acts of exploitation and was acquitted.

Court Disposition

First accused convicted; second accused acquitted

Orders

  • First accused found guilty and convicted as charged
  • Charge against second accused dismissed