R v Savy & Ors (CO 29/2017) [2018] SCSC 8300 (21 October 2018)

R v Savy & Ors (CO 29/2017) [2018] SCSC 8300 (21 October 2018)

The court found that the complainant was unconscious and incapable of consenting, thus the acts of sexual assault and prohibited recording were without consent. The evidence, including video footage and witness testimony, proved beyond reasonable doubt that the second accused committed sexual assault and both accused acted with common intention in the prohibited recording offences. The first accused was acquitted on the sexual assault count due to lack of evidence of penetration.

Citation
[2018] SCSC 8300
Parties
Prosecution: The Republic; First Accused: Benny Marcus Savy; Second Accused: Aaron Freminot
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 October 2018
Case Number
CO 29/2017
Procedural Posture
Criminal / Judgment
Outcome
First accused acquitted on sexual assault; second accused convicted of sexual assault; both accused convicted of prohibited recording offences.
Legal Topics
Sexual Assault, Prohibited Recording, Consent, Common Intention
Source Language
English
Criminal Law Sexual Assault Prohibited Recording Consent Common Intention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Benny Marcus Savy

First Accused

Aaron Freminot

Second Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed sexual assault without consent
  2. 2 Whether the accused committed prohibited recording of a private act and private parts without consent and with common intention

Ratio Decidendi

The court found that the complainant was unconscious and incapable of consenting, thus the acts of sexual assault and prohibited recording were without consent. The evidence, including video footage and witness testimony, proved beyond reasonable doubt that the second accused committed sexual assault and both accused acted with common intention in the prohibited recording offences. The first accused was acquitted on the sexual assault count due to lack of evidence of penetration.

Court Disposition

First accused acquitted on sexual assault; second accused convicted of sexual assault; both accused convicted of prohibited recording offences.

Orders

  • First accused acquitted on Count 1 (sexual assault)
  • Second accused convicted on Count 2 (sexual assault)