R v Prosper (CO 39/2016) [2016] SCSC 514 (15 July 2016)

R v Prosper (CO 39/2016) [2016] SCSC 514 (15 July 2016)

The accused was already on bail for a serious offence with a condition not to commit similar offences, and has shown unwillingness to abide by bail conditions. Therefore, it is not prudent to release him on bail again.

Citation
[2016] SCSC 514
Parties
Prosecution: The Republic; Accused: Said Prosper
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 July 2016
Case Number
CO 39/2016
Procedural Posture
Criminal / Bail Application Ruling
Outcome
application for remand granted
Legal Topics
Bail, Remand, Breach of Bail Conditions, Obstruction of Justice, Threatening Violence, Assault, Attempted Grievous Harm
Source Language
English
Criminal Law Bail Remand Breach of Bail Conditions Obstruction of Justice Threatening Violence Assault Attempted Grievous Harm

Case Brief

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Parties

The Republic

Prosecution

Said Prosper

Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused should be remanded in custody or released on bail pending trial
  2. 2 Whether the offences charged are serious enough to warrant remand
  3. 3 Whether the accused is likely to interfere with witnesses or commit further offences if released

Ratio Decidendi

The accused was already on bail for a serious offence with a condition not to commit similar offences, and has shown unwillingness to abide by bail conditions. Therefore, it is not prudent to release him on bail again.

Court Disposition

application for remand granted

Orders

  • The accused is remanded into custody pending trial.