Seychelles Case Law

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

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Marengo v R ((SCA CR 04/2024)

Marengo v R ((SCA CR 04/2024) [2024] (19 August 2024) (Arising in CO 62/2023)) [2024] SCCA 21 (19 August 2024)

Court

Court of Appeal

Case number

(SCA CR 04/2024) [2024] (19 August 2024) (Arising in CO 62/2023)

The Court of Appeal of Seychelles dismissed an appeal against conviction and sentence for murder and attempted murder, upholding life imprisonment and 25 years.

• Murder
• Attempted murder
• Sentencing
• Jury directions
• Confession
• Attempted-murder

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Wadugodapitiya v R ((SCA CR 19/2023)

Wadugodapitiya v R ((SCA CR 19/2023) [2024] (Arising in CO 29/2023) (19 August 2024)) [2024] SCCA 19 (19 August 2024)

Court

Court of Appeal

Case number

(SCA CR 19/2023) [2024] (Arising in CO 29/2023) (19 August 2024)

The Court of Appeal of Seychelles dismissed an appeal against a murder conviction, holding there was no evidential basis for self-defence or provocation.

• Murder
• Self-defence
• Provocation
• Jury directions
• Appeal procedure
• Criminal-law

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Labiche & Anor v R (SCA CR 6 of 2023; SCA CR 7 of 2023)

Labiche & Anor v R (SCA CR 6 of 2023; SCA CR 7 of 2023) [2023] SCCA 85 (18 December 2023)

Court

Court of Appeal

Case number

SCA CR 6 of 2023 ; SCA CR 7 of 2023

The confessions were properly admitted after voir dire as there was no credible evidence of oppression or involuntariness; the evidence against the appellant was overwhelming and corroborated; the sentences imposed were appropriate given the brutality and circumstances of the crime.

Source excerpt

• Murder
• Conspiracy to murder
• Aiding and abetting
• Admissibility of confessions
• Voir dire
• Oppression in confessions

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R v Wadugodapitiya (CR 31 of 2022)

R v Wadugodapitiya (CR 31 of 2022) [2023] SCSC 822 (19 October 2023)

Court

Supreme Court

Case number

CR 31 of 2022

After a murder conviction under the Penal Code, the Supreme Court of Seychelles sentenced Eliston Wadugodapitiya to life imprisonment.

• Murder
• Sentencing
• Criminal-law

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Underwood & Anor v R (SCA CR 21 of 2022)

Underwood & Anor v R (SCA CR 21 of 2022) [2023] SCCA 46 (25 August 2023)

Court

Court of Appeal

Case number

SCA CR 21 of 2022

The Court of Appeal of Seychelles dismissed appeals by two murder appellants, upholding life sentences and rejecting challenges to jury directions, provocation, self-defence, and aiding and abetting.

• Murder
• Aiding and abetting
• Provocation
• Self-defence
• Jury directions
• Appeal procedure

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Jean-Charles & Anor v The Republic (SCA CR 10 of 2022; SCA CR 13 of 2022)

Jean-Charles & Anor v The Republic (SCA CR 10 of 2022; SCA CR 13 of 2022) [2023] SCCA 6 (26 April 2023)

Court

Court of Appeal

Case number

SCA CR 10 of 2022 ; SCA CR 13 of 2022

The convictions were supported by direct and circumstantial evidence, including accomplice testimony, corroborated by phone records and medical evidence. The trial judge's summing up was balanced and in accordance with the law. The charges were sufficiently particularized, and the appellants' rights to a fair trial and to silence were not violated. The jury was properly directed on all material issues, and the verdicts were not unsafe or unreasonable.

Source excerpt

• Murder
• Counselling or procuring to commit murder
• Accomplice evidence
• Right to silence
• Summing up by judge
• Circumstantial evidence

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Republic v Charles & Ors (CO 100/2021)

Republic v Charles & Ors (CO 100/2021) [2021] SCSC 1085 (13 December 2021)

Court

Supreme Court

Case number

CO 100/2021

The Supreme Court of Seychelles declined bail for the third accused in a murder-related case, finding substantial grounds for remand and a risk of absconding.

• Bail
• Murder
• Pre-trial detention
• Right to liberty
• Pre-trial-detention
• Right-to-liberty

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Basset V The Republic (SCA CR 31 of 2019)

Basset V The Republic (SCA CR 31 of 2019) [2021] SCCA 42 (13 August 2021)

Court

Court of Appeal

Case number

SCA CR 31 of 2019

The conviction for murder was supported by sufficient evidence, including eyewitness testimony, video footage, and medical evidence. The trial judge properly directed the jury on self-defence, manslaughter, and provocation. The appellant was the aggressor and the use of force was not reasonable or necessary. The sentence of life imprisonment is mandatory for murder. No miscarriage of justice occurred.

Source excerpt

• Murder
• Self-defence
• Provocation
• Manslaughter
• Appeals
• Sentencing

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Bakas v R (SCA CR 27 of 2019)

Bakas v R (SCA CR 27 of 2019) [2021] SCCA 4 (30 April 2021)

Court

Court of Appeal

Case number

SCA CR 27 of 2019

The Court of Appeal of Seychelles quashed a murder conviction, substituted manslaughter, and imposed 10 years’ imprisonment after finding provocation should have gone to the jury.

• Murder
• Manslaughter
• Provocation
• Jury directions
• Appeal procedure
• Criminal-law

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