R v Marengo & Ors (CO 11/2003) [2003] SCSC 3 (10 February 2003)

R v Marengo & Ors (CO 11/2003) [2003] SCSC 3 (10 February 2003)

The prosecution's grounds for remand were not supported by sufficient evidence and could be addressed by strict bail conditions. The seriousness of the case alone does not justify remand where other risks can be managed by bail terms.

Citation
[2003] SCSC 3
Parties
Prosecution: Republic; First Accused: Marengo; Second Accused: Second Accused; Third Accused: Third Accused; Fourth Accused: Fourth Accused; Fifth Accused: Fifth Accused; Sixth Accused: Sixth Accused; Seventh Accused: Seventh Accused; Eighth Accused: Eighth Accused
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 February 2003
Case Number
CO 11/2003
Procedural Posture
Criminal / Bail Application/order on Remand Pending Trial
Outcome
bail granted
Legal Topics
Bail, Remand, Wildlife Offences, Presumption of Innocence, Regulatory Offences
Source Language
English
Criminal Law Environmental Law Bail Remand Wildlife Offences Presumption of Innocence Regulatory Offences

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Parties

Republic

Prosecution

Marengo

First Accused

Second Accused

Second Accused

Third Accused

Third Accused

Fourth Accused

Fourth Accused

Fifth Accused

Fifth Accused

Sixth Accused

Sixth Accused

Seventh Accused

Seventh Accused

Eighth Accused

Eighth Accused

Procedural Posture

Criminal / Bail Application/order on Remand Pending Trial

Legal Issues

  1. 1 Whether the accused should be remanded in custody or granted bail pending trial
  2. 2 Whether the prosecution's grounds for remand are sufficient under the law

Ratio Decidendi

The prosecution's grounds for remand were not supported by sufficient evidence and could be addressed by strict bail conditions. The seriousness of the case alone does not justify remand where other risks can be managed by bail terms.

Court Disposition

bail granted

Orders

  • Each accused to enter into a recognisance bond for R25,000 with two sureties.
  • Surrender of passports or travel documents to the Registrar forthwith.