R v Vidot (CO37/2017) [2018] SCSC 8151 (22 April 2018)

R v Vidot (CO37/2017) [2018] SCSC 8151 (22 April 2018)

The prosecution proved beyond reasonable doubt that the accused inflicted the injury on the complainant during the fight, but failed to establish specific intent to cause grievous harm; thus, the accused is acquitted of wounding with intent but convicted of wounding under Section 224 of the Penal Code.

Citation
[2018] SCSC 8151
Parties
Prosecution: The Republic; Accused: Mykael Vidot
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 April 2018
Case Number
CO37/2017
Procedural Posture
Criminal / Judgment
Outcome
Conviction on alternative count; acquittal on main count
Legal Topics
Wounding With Intent, Circumstantial Evidence, Mens Rea, Grievous Harm
Source Language
English
Criminal Law Wounding With Intent Circumstantial Evidence Mens Rea Grievous Harm

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Mykael Vidot

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused wounded the complainant with intent to cause grievous harm
  2. 2 Whether circumstantial evidence supports conviction
  3. 3 Whether the accused had specific intent (mens rea) for grievous harm

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused inflicted the injury on the complainant during the fight, but failed to establish specific intent to cause grievous harm; thus, the accused is acquitted of wounding with intent but convicted of wounding under Section 224 of the Penal Code.

Court Disposition

Conviction on alternative count; acquittal on main count

Orders

  • Accused acquitted of wounding with intent to cause grievous harm under Section 219(a) of the Penal Code.
  • Accused convicted of wounding under Section 224 of the Penal Code.