Seychelles Case Law

Reference by the Attorney General under Section 342A of the Criminal Procedure Code – Criminal Appeal (SCA CR 02/2025

Reference by the Attorney General under Section 342A of the Criminal Procedure Code – Criminal Appeal (SCA CR 02/2025 [2025] (Arising in CO 11/2024)) [2025] SCCA 15 (18 August 2025)

Court

Court of Appeal

Case number

SCA CR 02/2025 [2025] (Arising in CO 11/2024)

The correct legal standard for a prima facie case in illegal fishing prosecutions is whether the prosecution has adduced credible evidence on each element of the offence, including through circumstantial evidence, such that a reasonable tribunal might convict. The trial judge erred by requiring documentary corroboration as the sole admissible evidence for the vessel's location and by excluding relevant demonstrative evidence. The prosecution's evidence, including eyewitness testimony, photographic evidence, and statutory presumptions, was sufficient to establish a prima facie case. The no cas…

Source excerpt

• Prima facie case
• No case to answer submission
• Illegal fishing
• Judicial impartiality
• Professional conduct of legal practitioners

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R v Alcindor (CO 102 of 2021)

R v Alcindor (CO 102 of 2021) [2025] SCSC 29 (19 March 2025)

Court

Supreme Court

Case number

CO 102 of 2021

The Supreme Court of Seychelles dismissed a no case to answer application in a corruption trial, finding sufficient evidence on both charges to require a defence.

• Abuse of position
• Unlawful acquisition of public funds
• Circumstantial evidence
• Prima facie case
• No case to answer
• No-case-to-answer

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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

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Ex parte the Government of Seychelles (XP 82 of 2024)

Ex parte the Government of Seychelles (XP 82 of 2024) [2024] SCSC 187 (6 December 2024)

Court

Supreme Court

Case number

XP 82 of 2024

The Supreme Court granted an ex parte interim order under the Proceeds of Crime (Civil Confiscation) Act and appointed a receiver over two vehicles.

• Interim orders
• Appointment of receiver
• Asset freezing
• Burden of proof
• Prima facie case
• Civil-confiscation

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R v Thennakoon (CO 11 of 2024)

R v Thennakoon (CO 11 of 2024) [2024] SCSC 218 (30 January 2024)

Court

Supreme Court

Case number

CO 11 of 2024

The prosecution failed to establish a prima facie case as there was insufficient and uncorroborated evidence that the accused was fishing in Seychelles waters without a foreign vessel license. Essential elements of the offence were not proved beyond a mere scintilla of evidence.

Source excerpt

• Submission of no case to answer
• Burden of proof
• Fisheries act offences
• Prima facie case

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R v Nizzam Uddin Ahmed (CR 53 of 2018)

R v Nizzam Uddin Ahmed (CR 53 of 2018) [2023] SCSC 761 (6 October 2023)

Court

Supreme Court

Case number

CR 53 of 2018

The court found that the prosecution had established a prima facie case on all charges, as the evidence, taken at its highest, could lead a reasonable tribunal to convict the accused. Therefore, the submission of no case to answer was dismissed.

Source excerpt

• Trafficking in persons
• Submission of no case to answer
• Mens rea
• Actus reus
• Prima facie case

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Da Cambra v Angelo & Anor (MA 123/2021 (arising out of CS 3/2021))

Da Cambra v Angelo & Anor (MA 123/2021 (arising out of CS 3/2021)) [2022] SCSC 1058 (25 January 2022)

Court

Supreme Court

Case number

MA 123/2021 (arising out of CS 3/2021)

The applicant has established a prima facie case and demonstrated that the balance of convenience lies in her favour, as refusal of the injunction would cause her greater irreparable harm than any prejudice to the respondents. The injunction is necessary to preserve the subject property and prevent permanent deprivation of proprietary rights pending determination of the main suit.

Source excerpt

• Interlocutory injunctions
• Prohibitive injunctions
• Estate and inheritance
• Balance of convenience
• Prima facie case

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R v Baker & Ano (CO 46/2011)

R v Baker & Ano (CO 46/2011) [2018] SCSC 8113 (15 March 2018)

Court

Supreme Court

Case number

CO 46/2011

The prosecution established a prima facie case against the first accused on the count of trafficking by showing knowledge and access to the drugs found at his mother's premises. There was no evidence linking the second accused to the drugs or establishing aiding, abetting, or conspiracy. The second accused is acquitted of all counts; the first accused is acquitted of counts 2 and 3 but must make a defence to count 1.

Source excerpt

• Drug trafficking
• Possession of controlled substances
• Aiding and abetting
• Conspiracy
• Prima facie case
• No case to answer

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R v Souffe & Ors (CO 52/2013)

R v Souffe & Ors (CO 52/2013) [2016] SCSC 457 (23 June 2016)

Court

Supreme Court

Case number

CO 52/2013

The evidence did not establish a prima facie case against the 4th and 5th accused as neither participated in or had the requisite knowledge or intent for the offences charged. The 4th accused was not present at the relevant time and had no opportunity to dissociate himself, while the 5th accused was a minor with no participation or agreement in the illegal acts.

Source excerpt

• Controlled drugs
• Importation
• Trafficking
• Conspiracy
• Prima facie case
• Acquittal

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Republic v Hossein & others (CO 06/2014)

Republic v Hossein & others (CO 06/2014) [2016] SCSC 129 (20 January 2016)

Court

Supreme Court

Case number

CO 06/2014

The Supreme Court of Seychelles held that the prosecution had made out a prima facie case of piracy, so the accused had a case to answer.

• Piracy
• Submission of no case to answer
• Prima facie case
• Burden of proof
• Submission-of-no-case-to-answer
• Prima-facie-case

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