R v Mondon & Ors (CO 44/2017) [2017] SCSC 937 (16 October 2017)

R v Mondon & Ors (CO 44/2017) [2017] SCSC 937 (16 October 2017)

There was no substantial change of circumstances since the last ruling; the grounds for bail remain the same as previously considered and dismissed. Therefore, the application for release on bail is denied.

Citation
[2017] SCSC 937
Parties
Prosecution: The Republic; 1st Accused: Stephan Mondon; 2nd Accused: 2nd Accused; 4th Accused: 4th Accused; 5th Accused: 5th Accused; 8th Accused: 8th Accused
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 October 2017
Case Number
CO 44/2017
Procedural Posture
Criminal / Ruling on Bail Application
Outcome
Bail application dismissed; remand extended for most accused; specific orders on detention conditions issued.
Legal Topics
Bail, Remand, Right to Liberty, Detention Conditions
Source Language
English
Criminal Law Constitutional Law Bail Remand Right to Liberty Detention Conditions

Case Brief

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Parties

The Republic

Prosecution

Stephan Mondon

1st Accused

2nd Accused

2nd Accused

4th Accused

4th Accused

5th Accused

5th Accused

8th Accused

8th Accused

Procedural Posture

Criminal / Ruling on Bail Application

Legal Issues

  1. 1 Whether the accused should be released on bail under Article 18(7) and 19(2) of the Constitution and Section 179 of the Criminal Procedure Code
  2. 2 Whether there has been a substantial change of circumstances to warrant reconsideration of remand
  3. 3 Whether the detention conditions violate the rights of the accused

Ratio Decidendi

There was no substantial change of circumstances since the last ruling; the grounds for bail remain the same as previously considered and dismissed. Therefore, the application for release on bail is denied.

Court Disposition

Bail application dismissed; remand extended for most accused; specific orders on detention conditions issued.

Orders

  • Motion for release on bail dismissed for 1st, 2nd, 4th, and 5th accused.
  • Mr. Mondon to be given food on time and sufficient sun and exercise time.