Seychelles Case Law

Pillay v The Republic and Arumagam ((Criminal Appeal SCA CR 17/2024)

Pillay v The Republic and Arumagam ((Criminal Appeal SCA CR 17/2024) [2025] (22 April 2025) (Arising in CO 59 of 2024)) [2025] SCCA 10 (22 April 2025)

Court

Court of Appeal

Case number

(Criminal Appeal SCA CR 17/2024) [2025] (22 April 2025) (Arising in CO 59 of 2024)

The Court of Appeal set aside bail conditions requiring a non-party employer to pay salary and food allowance to an accused, finding no fair hearing and no lawful basis.

• Bail conditions
• Natural justice
• Right to fair hearing
• Judicial discretion
• Third party obligations
• Bail-conditions

Read case analysis

R v Labrosse & Anor (FH 7 of 2025)

R v Labrosse & Anor (FH 7 of 2025) [2025] SCSC 18 (24 February 2025)

Court

Supreme Court

Case number

FH 7 of 2025

The Supreme Court of Seychelles granted a prosecution application under section 101(1) of the Criminal Procedure Code and ordered two suspects remanded in police custody.

• Detention
• Prima facie case
• Evidence assessment
• Criminal-procedure
• Prima-facie-case
• Evidence-assessment

Read case analysis

Valabhji v The Anti-Corruption Commission ((SCA CR 05/2024)

Valabhji v The Anti-Corruption Commission ((SCA CR 05/2024) [2024] (Arising in CM 122/2023) Out of Exp 01/2022 (18 December 2024)) [2024] SCCA 32 (18 December 2024)

Court

Court of Appeal

Case number

(SCA CR 05/2024) [2024] (Arising in CM 122/2023) Out of Exp 01/2022 (18 December 2024)

The Court of Appeal dismissed Mukesh Valabhji’s criminal appeal for lack of prosecution after finding that notice of the Roll Call and hearing date had been given.

• Dismissal for want of prosecution
• Case management
• Professional conduct of advocates
• Dismissal-for-want-of-prosecution
• Case-management
• Advocate-professional-conduct

Read case analysis

Cafrine v R ((SCA CR 14/24)

Cafrine v R ((SCA CR 14/24) [2024] SCCA (18 December 2024) (Arising in [2023] CR 42/2023)) [2024] SCCA 29 (18 December 2024)

Court

Court of Appeal

Case number

(SCA CR 14/24) [2024] SCCA (18 December 2024) (Arising in [2023] CR 42/2023)

The appeal is dismissed because the lengthy summing up, while not ideal, did not deprive the jury of their ability to deliberate or render the conviction unsafe. There is no evidence of jury fatigue or coercion. The trial judge's comments were within legal bounds and did not usurp the jury's role. The evidence against the appellant was overwhelming, and the conviction for murder, including by omission, is supported. Procedural irregularities in the appeal process did not result in a miscarriage of justice.

Source excerpt

• Murder
• Jury trial
• Summing up
• Fair trial
• Omission as actus reus
• Child protection

Read case analysis

Prea v Family Tribunal (CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020)))

Prea v Family Tribunal (CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020))) [2024] SCSC 94 (27 March 2024)

Court

Supreme Court

Case number

CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020))

The Family Tribunal failed to follow due process by not framing a formal charge, not informing the appellant of the nature of the offence, and not providing adequate opportunity for defence or legal representation. The summary procedure was not justified in the circumstances, and the conviction was unsafe.

Source excerpt

• Contempt of court
• Right to fair hearing
• Summary procedure
• Children act
• Natural justice

Read case analysis

R v Mubarak (121 of 2022)

R v Mubarak (121 of 2022) [2023] SCSC 47 (27 January 2023)

Court

Supreme Court

Case number

121 of 2022

The Supreme Court of Seychelles declined leave to appeal and a stay of proceedings in a criminal matter, holding that the civil leave-to-appeal provision did not apply.

• Recusal of judge
• Leave to appeal
• Stay of proceedings
• Criminal-procedure
• Leave-to-appeal
• Stay-of-proceedings

Read case analysis

Kanapathi v The Republic (CR SCA MA 3 of 2021)

Kanapathi v The Republic (CR SCA MA 3 of 2021) [2021] SCCA 52 (17 August 2021)

Court

Court of Appeal

Case number

CR SCA MA 3 of 2021

The Court of Appeal of Seychelles dismissed an urgent application to stay execution of a criminal fine and default sentence pending appeal.

• Stay of execution
• Appeal
• Sentencing
• Fisheries offences
• Stay-of-execution
• Pending-appeal

Read case analysis

Republic v Tarani & Ors (CM 25/2020 (arising from CO 25/2016))

Republic v Tarani & Ors (CM 25/2020 (arising from CO 25/2016)) [2020] SCSC 521 (16 June 2020)

Court

Supreme Court

Case number

CM 25/2020 (arising from CO 25/2016)

The court held there was no basis for forfeiture without a conviction, but ordered an inquiry to determine who is entitled to the seized vessel Payam Al Mansur.

• Forfeiture of property
• Release of seized property
• Ownership determination
• Criminal procedure
• Forfeiture-of-property
• Release-of-seized-property

Read case analysis

Serret v Attorney-general (SCA 9 of 2011)

Serret v Attorney-general (SCA 9 of 2011) [2012] SCCA 13 (31 August 2012)

Court

Court of Appeal

Case number

SCA 9 of 2011

The Court of Appeal allowed a contempt appeal, holding that the trial judge failed to follow fair procedures and natural justice before summarily imprisoning the appellant.

• Contempt of court
• Fair hearing
• Natural justice
• Summary procedure
• Contempt-of-court
• Fair-hearing

Read case analysis

Beeharry v R (SCA 28 of 2009)

Beeharry v R (SCA 28 of 2009) [2010] SCCA 12 (10 December 2010)

Court

Court of Appeal

Case number

SCA 28 of 2009

Court of Appeal remitted a criminal appeal for a ruling on a late amendment to a defective drug charge, after finding the amendment process was procedurally flawed.

• Defective charge
• Amendment of charge
• Right to fair hearing
• Prejudice to accused
• Criminal-law
• Criminal-procedure

Read case analysis