SM v R (CR 101/2021) [2021] SCSC 1069 (2 December 2021)
The applicant failed to demonstrate any change of circumstances or provide sufficient material facts to justify release on bail. The seriousness of the offence, vulnerability of the minor complainant, and risk of interference with the key witness outweigh the applicant's right to liberty at this stage.
- Citation
- [2021] SCSC 1069
- Parties
- Applicant/accused: SM; Respondent/prosecution: The Republic
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 2 December 2021
- Case Number
- CR 101/2021
- Procedural Posture
- Criminal / Bail Application Ruling
- Outcome
- Application for bail dismissed
- Legal Topics
- Bail, Sexual Offences, Remand, Vulnerable Witnesses
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
SM
Applicant/accused
The Republic
Respondent/prosecution
Procedural Posture
Criminal / Bail Application Ruling
Legal Issues
- 1 Whether the applicant should be granted unconditional or conditional bail pending trial for sexual assault of a minor
- 2 Whether there has been a change of circumstances justifying reconsideration of bail
Ratio Decidendi
The applicant failed to demonstrate any change of circumstances or provide sufficient material facts to justify release on bail. The seriousness of the offence, vulnerability of the minor complainant, and risk of interference with the key witness outweigh the applicant's right to liberty at this stage.
Court Disposition
Application for bail dismissed
Orders
- Application for bail is dismissed.
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