R v Simeon [Rehearing] (CO 9/2002) [2003] SCSC 15 (3 July 2003)

R v Simeon [Rehearing] (CO 9/2002) [2003] SCSC 15 (3 July 2003)

The re-hearing of the applicant on two counts of manslaughter is lawful as it is pursuant to an order of the Seychelles Court of Appeal made in the course of appeal proceedings under Article 19(5) of the Constitution; the plea of autrefois acquit does not succeed in this context, and the continuation of proceedings does not contravene the cited statutory or constitutional provisions.

Citation
[2003] SCSC 15
Parties
Prosecution: Republic; Accused: Simeon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 July 2003
Case Number
CO 9/2002
Procedural Posture
Criminal / Ruling on Motion to Declare Re Trial Unconstitutional
Outcome
Motion dismissed
Legal Topics
Double Jeopardy, Autrefois Acquit, Re Trial, Appellate Procedure, Finality of Judgments
Source Language
English
Criminal Law Constitutional Law Double Jeopardy Autrefois Acquit Re Trial Appellate Procedure Finality of Judgments

Case Brief

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Parties

Republic

Prosecution

Simeon

Accused

Procedural Posture

Criminal / Ruling on Motion to Declare Re Trial Unconstitutional

Legal Issues

  1. 1 Whether the re-institution of proceedings for manslaughter after acquittal for murder violates the principle of autrefois acquit and constitutional protection against double jeopardy
  2. 2 Whether the continuation of proceedings contravenes Section 115 of the Criminal Procedure Code and Article 19 and 19(5) of the Seychelles Charter of Fundamental Human Rights and Freedoms

Ratio Decidendi

The re-hearing of the applicant on two counts of manslaughter is lawful as it is pursuant to an order of the Seychelles Court of Appeal made in the course of appeal proceedings under Article 19(5) of the Constitution; the plea of autrefois acquit does not succeed in this context, and the continuation of proceedings does not contravene the cited statutory or constitutional provisions.

Court Disposition

Motion dismissed

Orders

  • The motion is set aside.
  • The re-hearing of the applicant on two charges of manslaughter under Section 192 of the Penal Code is to proceed on the merits.