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Seychelles decisions
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R v Bastienne (CR 54 of 2017) [2024] SCSC 191 (1 August 2024)
The Seychelles Supreme Court sentenced Jean Paul Bastienne for four criminal counts, imposing concurrent custodial terms after considering gravity, harm to victims, and mitigation.
R v Louise (CO 52 of 2022) [2024] SCSC 18 (11 March 2024)
The court acquitted Markus Louise of attempted murder but convicted him of acts intended to cause grievous harm after rejecting self-defence.
Roucou v Zialor & Anor (CS 160 of 2018) [2023] SCSC 245 (3 April 2023)
The Plaintiff failed to prove that the Defendants' entry and damage to her property were motivated by malice or intent to harm, as their actions were out of necessity due to being fenced in. However, the 1st Defendant was found liable for assault and causing psychological harm to the Plaintiff on the balance of probabilities, supported by credible witness testimony. The quantum of damages was reduced due to contributory negligence by the Plaintiff.
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Marengo v Gamatis (CS 120 of 2018) [2023] SCSC 242 (16 March 2023)
The Supreme Court of Seychelles awarded SCR50,000 in moral damages after finding the defendant liable for an assault causing physical and psychological injury.
R v Saunders (CR 22 of 2021) [2023] SCSC 91 (9 February 2023)
The Supreme Court of Seychelles sentenced Wayne Edwin Saunders after he pleaded guilty to resisting a police officer, and a Newton hearing resolved a disputed slap.
R v Basset & Anor (FH 13/2021) [2021] SCSC 885 (26 April 2021)
The Supreme Court of Seychelles granted the Republic’s application to further hold three suspects in custody under section 101 CPC while police continued investigations.
R v Roseline & Anor (FH 13/2021) [2021] SCSC 884 (26 April 2021)
The Supreme Court of Seychelles granted the Republic’s application to further remand three suspects while police continued investigating alleged robbery-related offences.
Toure v Government of Seychelles (CS 47/2018) [2020] SCSC 448 (14 February 2020)
The defendant, through the police, committed a faute by unlawfully assaulting the plaintiff and by failing to act on his complaints of harassment, both of which caused harm. The police's omission contributed to the plaintiff's loss of employment. The plaintiff is entitled to damages for medical expenses, moral damages, and partial loss of earnings.
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Frichot v Otar (CS 93/2016) [2019] SCSC 1255 (1 August 2019)
The Defendant's actions constituted delict under the Civil Code, causing physical and moral harm to the Plaintiff, and violated her constitutional right to peaceful enjoyment of property. The Plaintiff is entitled to damages for physical injury, moral damage, and violation of property rights, but not for punitive damages for trespass without proven material loss. An injunction is warranted to prevent further abuse and trespass.
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I P v R (CN 20/2017 appeal from MC 34/2016) [2018] SCSC 8103 (4 March 2018)
The evidence established beyond reasonable doubt that the appellant assaulted the victim causing minor injuries; the defence of self-defence failed as the force used was excessive and disproportionate; the conviction was affirmed but the sentence was varied as the suspended imprisonment was not applicable and the total fine and compensation were excessive given the minor nature of the injuries.
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