R v SJ & Ors (CO 56/2020) [2020] SCSC 661 (11 December 2020)

R v SJ & Ors (CO 56/2020) [2020] SCSC 661 (11 December 2020)

The seriousness of the offence alone does not justify remand if conditions can be imposed to secure attendance and prevent interference with the judicial process. Since investigations are over, trial dates are set, and conditions can be imposed, the accused are entitled to bail.

Source-derived case information.

Citation
[2020] SCSC 661
Parties
Prosecution: The Republic; 1st Accused: S. J; 2nd Accused: S. B; 3rd Accused: L. C; 4th Accused: A. M; 5th Accused: J. M; 6th Accused: V. A; 7th Accused: S. L; 8th Accused: R. P; 9th Accused: C. L
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 December 2020
Case Number
CO 56/2020
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Bail granted with conditions
Legal Topics
Bail, Remand, Conditions of Release, Sexual Offences, Child Trafficking
Source Language
english
Criminal Law Bail Remand Conditions of Release Sexual Offences Child Trafficking

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Parties

The Republic

Prosecution

S. J

1st Accused

S. B

2nd Accused

L. C

3rd Accused

A. M

4th Accused

J. M

5th Accused

V. A

6th Accused

S. L

7th Accused

R. P

8th Accused

C. L

9th Accused

Procedural Posture

Criminal / Bail Application Ruling

  1. 1 Whether the 1st, 2nd, and 3rd accused should be released on bail pending trial
  2. 2 Whether conditions can be imposed to secure attendance and prevent interference with witnesses

Ratio Decidendi

The seriousness of the offence alone does not justify remand if conditions can be imposed to secure attendance and prevent interference with the judicial process. Since investigations are over, trial dates are set, and conditions can be imposed, the accused are entitled to bail.

Court Disposition

Bail granted with conditions

Orders

  • Accused persons shall not leave the jurisdiction without court order.
  • Accused persons shall deposit passports or travel documents with the court.