R vs Rose (Cr 37.2014) [2014] SCSC 320 (22 August 2014)

R vs Rose (Cr 37.2014) [2014] SCSC 320 (22 August 2014)

Given the seriousness of the offence, the mandatory life sentence for murder, the manner in which the offence was allegedly committed, and the risk of absconding, the prosecution has established a prima facie case for remanding the accused in custody.

Citation
[2014] SCSC 320
Parties
Applicant: The Republic; Respondent/accused: Dirk Stephen Fabien Rose
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 August 2014
Case Number
Cr 37.2014
Procedural Posture
Criminal / Bail/remand Application Ruling
Outcome
Application for remand granted
Legal Topics
Bail, Remand, Murder, Presumption of Innocence
Source Language
English
Criminal Law Constitutional Law Bail Remand Murder Presumption of Innocence

Case Brief

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Parties

The Republic

Applicant

Dirk Stephen Fabien Rose

Respondent/accused

Procedural Posture

Criminal / Bail/remand Application Ruling

Legal Issues

  1. 1 Whether the accused should be remanded in custody pending trial for murder
  2. 2 Whether seriousness of the offence and risk of absconding justify denial of bail

Ratio Decidendi

Given the seriousness of the offence, the mandatory life sentence for murder, the manner in which the offence was allegedly committed, and the risk of absconding, the prosecution has established a prima facie case for remanding the accused in custody.

Court Disposition

Application for remand granted

Orders

  • Accused to be remanded in custody and produced every two weeks until further orders