R v Mondon & Ors (CO 44/2017) [2018] SCSC 8045 (22 January 2018)
There has been no change in circumstances; the amended charge does not reduce the seriousness or penalty of the offence. The accused's personal and financial circumstances do not outweigh the risk of absconding given the nature and seriousness of the offence. Bail is therefore denied.
- Citation
- [2018] SCSC 8045
- Parties
- Prosecution: The Republic; Accused: Stephan Mondon; Accused: Guy Hall; Accused: Hensel Marzorcchi; Accused: Philip Marzorcchi; Accused: Marcus Louis; Accused: Jude Beauchamp; Accused: Jude Labiche; Accused: Chelsie Mondon
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 22 January 2018
- Case Number
- CO 44/2017
- Procedural Posture
- Criminal / Bail Application Ruling
- Outcome
- Application for bail dismissed
- Legal Topics
- Bail, Controlled Drugs, Aiding and Abetting, Amendment of Charges
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Stephan Mondon
Accused
Guy Hall
Accused
Hensel Marzorcchi
Accused
Philip Marzorcchi
Accused
Marcus Louis
Accused
Jude Beauchamp
Accused
Jude Labiche
Accused
Chelsie Mondon
Accused
Procedural Posture
Criminal / Bail Application Ruling
Legal Issues
- 1 Whether the amendment of the charge against the second accused constitutes a change in circumstances justifying bail
- 2 Whether the seriousness of the offence has diminished due to the amended charge
- 3 Whether the accused's personal circumstances justify release on bail
Ratio Decidendi
There has been no change in circumstances; the amended charge does not reduce the seriousness or penalty of the offence. The accused's personal and financial circumstances do not outweigh the risk of absconding given the nature and seriousness of the offence. Bail is therefore denied.
Court Disposition
Application for bail dismissed
Orders
- Application for bail of the second accused is dismissed as prayed for in the notice of motion dated 9th January 2018.
Full Case Text
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