R v Morin (416 of 2002) [2006] SCSC 65 (8 October 2006)

R v Morin (416 of 2002) [2006] SCSC 65 (8 October 2006)

The accused's act of pointing a finger at the complainant in an aggressive and threatening manner, accompanied by words implying imminent violence, constituted a gesture likely to cause apprehension of criminal force, thus satisfying the elements of common assault under section 235 of the penal code.

Citation
[2006] SCSC 65
Parties
Prosecution: Republic; Accused: Cherubin Morin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 October 2006
Case Number
416 of 2002
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Common Assault, Criminal Procedure
Source Language
English
Criminal Law Common Assault Criminal Procedure

Case Brief

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Parties

Republic

Prosecution

Cherubin Morin

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed common assault by pointing a finger at the complainant

Ratio Decidendi

The accused's act of pointing a finger at the complainant in an aggressive and threatening manner, accompanied by words implying imminent violence, constituted a gesture likely to cause apprehension of criminal force, thus satisfying the elements of common assault under section 235 of the penal code.

Court Disposition

Conviction

Orders

  • The accused is found guilty and convicted as charged.