Republic v Aglae (9 of 2007) [2007] SCSC 88 (31 May 2007)

Republic v Aglae (9 of 2007) [2007] SCSC 88 (31 May 2007)

The unique and severe hardship faced by the accused's family due to his continued incarceration, combined with the presumption of innocence, justifies granting bail on stringent conditions despite the seriousness of the offence.

Source-derived case information.

Citation
[2007] SCSC 88
Parties
Prosecutor: Republic; Accused: Justin Jean-Baptiste Aglae
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 May 2007
Case Number
9 of 2007
Procedural Posture
Criminal / Bail Application Ruling
Outcome
bail granted with conditions
Legal Topics
Bail, Drug Trafficking, Remand
Source Language
english
Criminal Law Bail Drug Trafficking Remand

Source-derived case record

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Parties

Republic

Prosecutor

Justin Jean-Baptiste Aglae

Accused

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused should be granted bail despite the seriousness of the offence and the statutory presumption against bail for drug trafficking

Ratio Decidendi

The unique and severe hardship faced by the accused's family due to his continued incarceration, combined with the presumption of innocence, justifies granting bail on stringent conditions despite the seriousness of the offence.

Court Disposition

bail granted with conditions

Orders

  • Accused to enter a bail bond of Rs. 20,000 with two sureties approved by the Court.
  • Accused not to leave the jurisdiction of Seychelles without a court order.