Republic v JA (CR 39/2019) [2020] SCSC 626 (8 October 2020)
The prosecution failed to prove beyond reasonable doubt that the accused committed sexual assault by penetration or by non-accidental touching. The complainant's evidence was inconsistent, lacked corroboration, and was not sufficiently reliable to convict. Any reasonable doubt must be resolved in favour of the accused.
- Citation
- [2020] SCSC 626
- Parties
- Prosecution: Republic; Accused: JA
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 8 October 2020
- Case Number
- CR 39/2019
- Procedural Posture
- Criminal / Judgment After Trial
- Outcome
- Acquittal
- Legal Topics
- Sexual Assault, Corroboration, Vulnerable Witnesses, Identification, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
JA
Accused
Procedural Posture
Criminal / Judgment After Trial
Legal Issues
- 1 Whether the accused sexually assaulted the complainant by penetration
- 2 Whether the accused sexually assaulted the complainant by non-accidental touching (sucking)
- 3 Whether the evidence of the complainant is reliable and corroborated
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused committed sexual assault by penetration or by non-accidental touching. The complainant's evidence was inconsistent, lacked corroboration, and was not sufficiently reliable to convict. Any reasonable doubt must be resolved in favour of the accused.
Court Disposition
Acquittal
Orders
- The case against the accused is dismissed.
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