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Seychelles Case Law

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Criminal law [2021] SCSC 952

R v Wehliye & Ors (CO 28/2019)

R v Wehliye & Ors (CO 28/2019) [2021] SCSC 952 (16 July 2021)

The Supreme Court of Seychelles acquitted five accused of piracy and attempted piracy, finding the charges defective and the evidence insufficient.

  • Piracy
  • Common intention
  • Burden of proof
  • Defective charges
  • Identification of accused
  • Common-intention
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Criminal law [2018] SCSC 8300

R v Savy & Ors (CO 29/2017)

R v Savy & Ors (CO 29/2017) [2018] SCSC 8300 (21 October 2018)

The court found that the complainant was unconscious and incapable of consenting, thus the acts of sexual assault and prohibited recording were without consent. The evidence, including video footage and witness testimony, proved beyond reasonable doubt that the second accused committed sexual assault and both accused acted with common intention in the prohibited recording offences. The first accused was acquitted on the sexual assault count due to lack of evidence of penetration.

  • Sexual assault
  • Prohibited recording
  • Consent
  • Common intention
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Criminal law [2017] SCSC 904

R v Philoe & Anor (CO 64/2015)

R v Philoe & Anor (CO 64/2015) [2017] SCSC 904 (19 July 2017)

The prosecution proved beyond reasonable doubt that both accused, acting with common intention, robbed the victim using violence, and the circumstantial and identification evidence was reliable and sufficient for conviction.

  • Robbery
  • Common intention
  • Identification evidence
  • Circumstantial evidence
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Criminal law [2017] SCCA 3

Cedras v Republic (SCA 38 of 2014)

Cedras v Republic (SCA 38 of 2014) [2017] SCCA 3 (20 April 2017)

Appeal against a nine-year sentence for causing grievous harm was dismissed. The Court held the sentence was not manifestly excessive and the appellant’s role was active.

  • Sentencing
  • Appeal against sentence
  • Grievous harm
  • Common intention
  • Criminal-sentencing
  • Appeal-against-sentence
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Criminal law [2017] SCSC 269

R v Lagrenade & Ors (CO 53/2015)

R v Lagrenade & Ors (CO 53/2015) [2017] SCSC 269 (23 March 2017)

The prosecution failed to prove beyond reasonable doubt that the first accused intended to cause grievous harm as required under section 219[a], but proved he unlawfully caused grievous harm under section 221. The second accused was found guilty of damaging property. There was insufficient identification evidence against the third, fourth, and fifth accused.

  • Grievous harm
  • Damaging property
  • Identification evidence
  • Common intention
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Criminal law [2016] SCCA 29

Dave Rose & Ors v R (SCA 6 of 2014)

Dave Rose & Ors v R (SCA 6 of 2014) [2016] SCCA 29 (9 December 2016)

The majority held that the identification evidence, though based on dock identification and CCTV footage, was sufficient given the circumstances (broad daylight, close proximity, and corroboration by medical evidence), and that the doctrine of common intention was properly invoked. There was no basis to interfere with the trial judge’s findings of fact or the sentences imposed.

  • Robbery with violence
  • Identification evidence
  • Common intention
  • Sentencing
  • Appeals on findings of fact
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Criminal law [2016] SCSC 111

Republic v Bacco & Ano. (CO 44/2014)

Republic v Bacco & Ano. (CO 44/2014) [2016] SCSC 111 (26 February 2016)

The Supreme Court of Seychelles acquitted two accused of cannabis trafficking after finding serious contradictions in the prosecution evidence and no proof of knowledge or control.

  • Drug trafficking
  • Possession of controlled substances
  • Burden of proof
  • Reasonable doubt
  • Common intention
  • Drug-trafficking
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Criminal law [2015] SCCA 36

Dupres v R (SCA 4 of 2011)

Dupres v R (SCA 4 of 2011) [2015] SCCA 36 (17 December 2015)

The Court of Appeal upheld Janice Dupres’s convictions and concurrent sentences for importing and trafficking heroin and cannabis resin through Seychelles airport.

  • Importation of controlled drugs
  • Trafficking in controlled drugs
  • Sentencing
  • Common intention
  • Knowledge and intention in criminal liability
  • Controlled-drugs
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Criminal law [2015] SCSC 223

R v David and Ano. (CO 49/2013)

R v David and Ano. (CO 49/2013) [2015] SCSC 223 (3 July 2015)

The Supreme Court of Seychelles convicted both accused of robbery with violence and conspiracy, accepting accomplice evidence with supporting corroboration.

  • Robbery with violence
  • Conspiracy to commit a felony
  • Common intention
  • Accomplice evidence
  • Corroboration
  • Robbery-with-violence
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Criminal law [2015] SCSC 157

Adonis v R (CN 55/2013)

Adonis v R (CN 55/2013) [2015] SCSC 157 (29 May 2015)

The conviction was upheld as the evidence against the appellant was credible and not improbable, but the sentence was reduced because the Magistrate exceeded the statutory sentencing limit and the appellant's limited complicity and mitigation were considered.

  • Appeal against conviction
  • Appeal against sentence
  • Breaking and entering
  • Sentencing powers of magistrate
  • Common intention
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.