R v Mondon (CR44/2017) [2020] SCSC 412 (8 January 2020)

R v Mondon (CR44/2017) [2020] SCSC 412 (8 January 2020)

The court held that the prosecution must justify continued remand at each extension, either by reference to original grounds or by showing new reasons, unless there is a change in circumstances. The mere passage of time on remand, without inordinate delay or change in circumstances, does not warrant release on bail. The accused's continued remand is justified as the case is ready for hearing and delays are not inordinate.

Citation
[2020] SCSC 412
Parties
Prosecution: The Republic; 1st Accused: Stephen Mondon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 January 2020
Case Number
CR44/2017
Procedural Posture
Criminal / Bail Application and Remand Extension Ruling
Outcome
Bail application denied; remand extended.
Legal Topics
Bail, Remand, Right to Liberty, Drug Offences
Source Language
English
Criminal Law Constitutional Law Bail Remand Right to Liberty Drug Offences

Case Brief

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Parties

The Republic

Prosecution

Stephen Mondon

1st Accused

Procedural Posture

Criminal / Bail Application and Remand Extension Ruling

Legal Issues

  1. 1 Whether the continued remand of the accused is justified under Article 18(7) of the Constitution and section 179 of the Criminal Procedure Code
  2. 2 Whether the passage of time on remand constitutes a change in circumstances warranting release on bail
  3. 3 Whether the prosecution must justify remand extension every 14 days

Ratio Decidendi

The court held that the prosecution must justify continued remand at each extension, either by reference to original grounds or by showing new reasons, unless there is a change in circumstances. The mere passage of time on remand, without inordinate delay or change in circumstances, does not warrant release on bail. The accused's continued remand is justified as the case is ready for hearing and delays are not inordinate.

Court Disposition

Bail application denied; remand extended.

Orders

  • Remand of the 1st to 4th accused persons to custody extended until 15th January 2020 at 10.30am.