Serret v Attorney-general (CP 4 of 2013) [2013] SCCC 8 (29 October 2013)

Serret v Attorney-general (CP 4 of 2013) [2013] SCCC 8 (29 October 2013)

The petitioner was imprisoned for seven days due to a serious miscarriage of justice, as previously determined by the Court of Appeal. Article 19(13) entitles her to compensation, and the court awards SR 200,000.00 as full and final settlement.

Citation
[2013] SCCC 8
Parties
Petitioner: Marjorie Serret; Respondent: Attorney General
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
29 October 2013
Case Number
CP 4 of 2013
Procedural Posture
Constitutional Referral / Judgment
Outcome
Petitioner awarded compensation for miscarriage of justice.
Legal Topics
Compensation for Miscarriage of Justice, Right to Fair Trial, Damages for Wrongful Imprisonment
Source Language
English
Constitutional Law Human Rights Compensation for Miscarriage of Justice Right to Fair Trial Damages for Wrongful Imprisonment

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Parties

Marjorie Serret

Petitioner

Attorney General

Respondent

Procedural Posture

Constitutional Referral / Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to compensation under Article 19(13) of the Constitution for a serious miscarriage of justice resulting in imprisonment

Ratio Decidendi

The petitioner was imprisoned for seven days due to a serious miscarriage of justice, as previously determined by the Court of Appeal. Article 19(13) entitles her to compensation, and the court awards SR 200,000.00 as full and final settlement.

Court Disposition

Petitioner awarded compensation for miscarriage of justice.

Orders

  • State to pay petitioner SR 200,000.00 as full and final settlement.
  • Interest at legal rate from date of judgment until payment in full.