R v Auguste (2 of 2005) (2 of 2005) [2007] SCSC 7 (5 August 2007)

R v Auguste (2 of 2005) (2 of 2005) [2007] SCSC 7 (5 August 2007)

The court found the complainant's evidence credible and corroborated by the defendant's confession and medical evidence. The prosecution proved beyond reasonable doubt that the defendant committed sexual intercourse with a girl under fifteen, constituting sexual interference with a child under section 135 of the Penal Code.

Citation
[2007] SCSC 7
Parties
Prosecution: The Republic; Defendant: Nigel Auguste
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 August 2007
Case Number
2 of 2005
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
conviction
Legal Topics
Sexual Offences, Sexual Interference With a Child, Standard of Proof, Admissibility of Confessions
Source Language
English
Criminal Law Child Protection Sexual Offences Sexual Interference With a Child Standard of Proof Admissibility of Confessions

Case Brief

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Parties

The Republic

Prosecution

Nigel Auguste

Defendant

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the complainant was sexually assaulted
  2. 2 Whether the defendant committed the sexual assault
  3. 3 Whether the prosecution proved the case beyond reasonable doubt

Ratio Decidendi

The court found the complainant's evidence credible and corroborated by the defendant's confession and medical evidence. The prosecution proved beyond reasonable doubt that the defendant committed sexual intercourse with a girl under fifteen, constituting sexual interference with a child under section 135 of the Penal Code.

Court Disposition

conviction

Orders

  • The defendant is found guilty of sexual interference with a child contrary to section 135 as read with subsection 135(3) of the Penal Code and is convicted accordingly.