R v Rose & Anor (CO 34/2009) [2011] SCSC 76 (23 February 2011)

R v Rose & Anor (CO 34/2009) [2011] SCSC 76 (23 February 2011)

Nelson Rose unlawfully and dangerously pushed Mervin Pierre with considerable force in a police cell, causing him to fall and sustain a fatal skull fracture. The act was unlawful, dangerous, and directly caused death. There was no evidence of common intention or unlawful act by Paul Dubois, who was acquitted. The negligent acts charge was improperly framed and not proved.

Citation
[2011] SCSC 76
Parties
Prosecution: Republic; Accused: Nelson Rose; Accused: Paul Dubois
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 February 2011
Case Number
CO 34/2009
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Nelson Rose convicted of manslaughter; Paul Dubois acquitted on all counts.
Legal Topics
Manslaughter, Negligent Acts, Common Intention, Police Misconduct
Source Language
English
Criminal Law Manslaughter Negligent Acts Common Intention Police Misconduct

Case Brief

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Parties

Republic

Prosecution

Nelson Rose

Accused

Paul Dubois

Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused unlawfully caused the death of Mervin Pierre
  2. 2 Whether the accused acted with common intention
  3. 3 Whether the charge of negligent acts causing harm was properly framed

Ratio Decidendi

Nelson Rose unlawfully and dangerously pushed Mervin Pierre with considerable force in a police cell, causing him to fall and sustain a fatal skull fracture. The act was unlawful, dangerous, and directly caused death. There was no evidence of common intention or unlawful act by Paul Dubois, who was acquitted. The negligent acts charge was improperly framed and not proved.

Court Disposition

Nelson Rose convicted of manslaughter; Paul Dubois acquitted on all counts.