R v Lesperance & Ors (Ruling 1) (CO 51/2013) [2017] SCSC 32 (22 January 2017)

R v Lesperance & Ors (Ruling 1) (CO 51/2013) [2017] SCSC 32 (22 January 2017)

The court found the police officers to be credible and consistent, determined that A3 was informed of her rights and made her statement voluntarily, and dismissed the defense's objections as unsubstantiated. The statement was ruled admissible.

Citation
[2017] SCSC 32
Parties
Prosecution: The Republic; 1st Accused: Hansel Lesperance; 2nd Accused: 2nd Accused; 3rd Accused: 3rd Accused; 4th Accused: 4th Accused; 5th Accused: 5th Accused
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 January 2017
Case Number
CO 51/2013
Procedural Posture
Criminal / Ruling on Admissibility of Confession (voir Dire)
Outcome
Objection dismissed; statement admitted as evidence.
Legal Topics
Admissibility of Confession, Right to Counsel, Voluntariness of Statements, Judges' Rules, Constitutional Rights of Accused
Source Language
English
Criminal Law Constitutional Law Admissibility of Confession Right to Counsel Voluntariness of Statements Judges' Rules Constitutional Rights of Accused

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Hansel Lesperance

1st Accused

2nd Accused

2nd Accused

3rd Accused

3rd Accused

4th Accused

4th Accused

5th Accused

5th Accused

Procedural Posture

Criminal / Ruling on Admissibility of Confession (voir Dire)

Legal Issues

  1. 1 Whether the charge and caution statement of A3 was obtained voluntarily and in compliance with constitutional and procedural safeguards
  2. 2 Whether A3 was denied her right to counsel and not informed of her constitutional rights

Ratio Decidendi

The court found the police officers to be credible and consistent, determined that A3 was informed of her rights and made her statement voluntarily, and dismissed the defense's objections as unsubstantiated. The statement was ruled admissible.

Court Disposition

Objection dismissed; statement admitted as evidence.

Orders

  • A3's statement is admissible in evidence.