Samson v R (CR 82/2020) [2021] SCSC 857 (15 March 2021)

Samson v R (CR 82/2020) [2021] SCSC 857 (15 March 2021)

The court held that the period of remand until the scheduled trial date was reasonable and did not violate Article 19(7). No change in circumstances was demonstrated to warrant reconsideration of bail, and the risk of absconding or interference with justice remained high.

Citation
[2021] SCSC 857
Parties
Applicant: Vincent Samson; Respondent: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 March 2021
Case Number
CR 82/2020
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Application for bail denied; accused remanded to custody.
Legal Topics
Bail, Remand, Right to Fair Trial, Reasonable Time for Trial
Source Language
English
Criminal Law Constitutional Law Bail Remand Right to Fair Trial Reasonable Time for Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Vincent Samson

Applicant

Republic

Respondent

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the continued remand of the accused violates his constitutional right to a trial within a reasonable time under Article 19(7)
  2. 2 Whether there has been a change in circumstances warranting reconsideration of bail

Ratio Decidendi

The court held that the period of remand until the scheduled trial date was reasonable and did not violate Article 19(7). No change in circumstances was demonstrated to warrant reconsideration of bail, and the risk of absconding or interference with justice remained high.

Court Disposition

Application for bail denied; accused remanded to custody.

Orders

  • The application for bail is denied.
  • The accused is remanded to custody.