R v Lesperance & Ors (CO 76.2008) [2013] SCSC 85 (15 November 2013)

R v Lesperance & Ors (CO 76.2008) [2013] SCSC 85 (15 November 2013)

The prosecution failed to prove beyond reasonable doubt the identity of the third accused as one of the assailants. The retracted confession was not corroborated by independent evidence and was contradicted by the victim's testimony. Doubt existed regarding the identification and participation of the third accused, warranting acquittal.

Citation
[2013] SCSC 85
Parties
Prosecution: The Republic; First Accused: Davis Lesperance; Second Accused: Ivannio Valentin; Third Accused: Bernard Philoe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 November 2013
Case Number
CO 76.2008
Procedural Posture
Criminal / Judgment After Trial
Outcome
Acquittal
Legal Topics
Attempted Robbery, Acts Intended to Cause Grievous Harm, Identification Evidence, Corroboration of Confession, Burden of Proof
Source Language
English
Criminal Law Attempted Robbery Acts Intended to Cause Grievous Harm Identification Evidence Corroboration of Confession Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Davis Lesperance

First Accused

Ivannio Valentin

Second Accused

Bernard Philoe

Third Accused

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt the identity and guilt of the third accused for attempted robbery and acts intended to cause grievous harm
  2. 2 Whether the retracted confession of the third accused was corroborated by independent evidence

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt the identity of the third accused as one of the assailants. The retracted confession was not corroborated by independent evidence and was contradicted by the victim's testimony. Doubt existed regarding the identification and participation of the third accused, warranting acquittal.

Court Disposition

Acquittal

Orders

  • The third accused Bernard Philoe is acquitted of all charges.