R v Lesperance & Ors (Ruling 3) (CO 51/2013) [2017] SCSC 34 (22 January 2017)

R v Lesperance & Ors (Ruling 3) (CO 51/2013) [2017] SCSC 34 (22 January 2017)

The court found that the prosecution proved beyond reasonable doubt that A1's statement was made voluntarily, with full knowledge of his rights, and without inducement or denial of legal counsel. The objection to admissibility was overruled.

Citation
[2017] SCSC 34
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 Statement (voir Dire)
Outcome
objection overruled; statement admitted
Legal Topics
Admissibility of Confession, Right to Counsel, Voluntariness of Statement
Source Language
English
Criminal Law Evidence Law Admissibility of Confession Right to Counsel Voluntariness of Statement

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 Statement (voir Dire)

Legal Issues

  1. 1 Whether the statement by A1 was made voluntarily and is admissible in evidence
  2. 2 Whether A1 was denied his right to legal counsel
  3. 3 Whether any inducement or promise was made to A1 to obtain the statement

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that A1's statement was made voluntarily, with full knowledge of his rights, and without inducement or denial of legal counsel. The objection to admissibility was overruled.

Court Disposition

objection overruled; statement admitted

Orders

  • A1's statement made under caution is admissible in evidence