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Seychelles decisions
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Agnes v The Republic (SCA 20 of 2019) [2020] SCCA 39 (18 December 2020)
The Court of Appeal of Seychelles dismissed a murder appeal, finding no material misdirection, no basis for intoxication, and confirming life imprisonment.
Sopha v R (SCA 27 of 2010) [2012] SCCA 11 (31 August 2012)
The appellant’s own testimony and the evidence established that he participated in the unlawful acts that caused the death of the deceased, with knowledge that such acts would probably cause death or grievous harm. The trial judge’s misdirection did not occasion a miscarriage of justice as the evidence was overwhelming for a properly directed jury to convict for murder under section 23 of the Penal Code.
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R v Pothin (2 of 2007) [2007] SCSC 44 (13 December 2007)
The appellant could not avail himself of the defence of provocation due to intoxication and lack of immediate peril; the force used was excessive and not proportionate, negating self-defence; the trial judge did not misdirect the jury on intoxication or self-defence; the appeal fails.
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Jones Philoe v Republic (SCA 14 of 1991) [1991] SCCA 5 (14 October 1991)
The Court of Appeal of Seychelles dismissed Jones Philoe’s criminal appeal, holding that the trial judge had adequately directed the jury on accident, intoxication, and burden of proof.
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