R v Marday & Anor (CO 59/2004) [2004] SCSC 38 (23 June 2004)

R v Marday & Anor (CO 59/2004) [2004] SCSC 38 (23 June 2004)

The accused may be allowed bail subject to stringent conditions, as the reasons for continued remand are not sufficiently compelling given the elapsed time, weak evidence, and the ability to impose conditions to mitigate risks.

Citation
[2004] SCSC 38
Parties
Prosecution: Republic; First Accused: Marday; Second Accused: Second Accused
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 June 2004
Case Number
CO 59/2004
Procedural Posture
Criminal / Bail Application Ruling
Outcome
bail granted subject to conditions
Legal Topics
Bail, Remand, Abduction, Pre Trial Detention
Source Language
English
Criminal Law Constitutional Law Bail Remand Abduction Pre Trial Detention

Case Brief

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Parties

Republic

Prosecution

Marday

First Accused

Second Accused

Second Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused should be released on bail pending trial
  2. 2 Whether the prosecution's objections to bail are tenable given the circumstances

Ratio Decidendi

The accused may be allowed bail subject to stringent conditions, as the reasons for continued remand are not sufficiently compelling given the elapsed time, weak evidence, and the ability to impose conditions to mitigate risks.

Court Disposition

bail granted subject to conditions

Orders

  • First Accused to reside at La Retraite, Mahe with surety bond of R5,000 and written consent; Second Accused to reside at Quincy Village with surety bond of R5,000 and written consent; Each accused to deposit R10,000 cash as surety; Weekly reporting to designated police stations; Curfew imposed at respective homes;...