R v Rose (CO 58/2016) [2017] SCSC 57 (30 January 2017)

Given the accused's history of absconding and the risk of becoming infectious again, remand is necessary to protect public health and ensure completion of treatment.

Citation: [2017] SCSC 57
Parties: Prosecution: The Republic; Accused: Laurence Rose
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 30 January 2017
Case Number: CO 58/2016
Procedural Posture: Criminal / Interlocutory Order
Outcome: accused remanded for two weeks for treatment
Legal Topics: Infectious Diseases, Remand Custody, Public Health Risk, Absconding From Treatment
Source Language: English

Criminal Law Public Health Law Infectious Diseases Remand Custody Public Health Risk Absconding From Treatment

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Parties

The Republic

Prosecution

Laurence Rose

Accused

Procedural Posture

Criminal / Interlocutory Order

Legal Issues

1 Whether the accused should be remanded to ensure completion of treatment for an infectious disease
2 Whether the accused poses a public health risk if released

Ratio Decidendi

Given the accused's history of absconding and the risk of becoming infectious again, remand is necessary to protect public health and ensure completion of treatment.

Court Disposition

accused remanded for two weeks for treatment

Orders

Accused to be remanded for two weeks and treated by the prison doctor.
Prison authorities may produce or keep the accused under guard in hospital for treatment as required.