R v Lesperance & Ors (Ruling 4) (CO 51/2013) [2017] SCSC 35 (22 January 2017)

R v Lesperance & Ors (Ruling 4) (CO 51/2013) [2017] SCSC 35 (22 January 2017)

The prosecution proved beyond reasonable doubt that the police complied with constitutional provisions and Judges Rules in recording A5's statement; the statement is admissible.

Citation
[2017] SCSC 35
Parties
Prosecution: The Republic; Accused: Hansel Lesperance; Accused: 2nd Accused; Accused: 3rd Accused; Accused: 4th Accused; Accused: 5th Accused (A5/Channel Quatre)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 January 2017
Case Number
CO 51/2013
Procedural Posture
Criminal / Voir Dire (trial Within a Trial) on Admissibility of Statement
Outcome
objection overruled; statement admitted
Legal Topics
Admissibility of Confession, Right to Counsel, Constitutional Rights During Police Interrogation
Source Language
English
Criminal Law Constitutional Law Admissibility of Confession Right to Counsel Constitutional Rights During Police Interrogation

Case Brief

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Parties

The Republic

Prosecution

Hansel Lesperance

Accused

2nd Accused

Accused

3rd Accused

Accused

4th Accused

Accused

5th Accused (A5/Channel Quatre)

Accused

Procedural Posture

Criminal / Voir Dire (trial Within a Trial) on Admissibility of Statement

Legal Issues

  1. 1 Whether A5's constitutional rights were explained before making a statement under caution
  2. 2 Whether A5's right to counsel was availed before making the statement
  3. 3 Whether the statement was made voluntarily and is admissible

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the police complied with constitutional provisions and Judges Rules in recording A5's statement; the statement is admissible.

Court Disposition

objection overruled; statement admitted

Orders

  • A5's statement under caution is admissible in evidence.