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Seychelles Case Law

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Criminal law [2018] SCSC 8221

R v Albert & Anor (CO 27/2015)

R v Albert & Anor (CO 27/2015) [2018] SCSC 8221 (12 July 2018)

The aggravating circumstances, including breach of trust and the value of stolen items, outweighed the mitigating factors for the first convict. The second convict's prior convictions and the nature of the offence warranted a custodial sentence.

  • Aiding and abetting
  • Housebreaking
  • Stealing from dwelling house
  • Retaining stolen property
  • Sentencing
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Criminal law [2018] SCSC 8073

R v Albert & Anor (CO 27/2015)

R v Albert & Anor (CO 27/2015) [2018] SCSC 8073 (13 February 2018)

The court found the fingerprint evidence on the chest of drawers, which was not more than two weeks old, placed the first accused at the scene during the relevant period. The accused's explanation was rejected as the housekeeper had left a month prior. The court held that the accused aided and abetted the housebreaking and theft. The second accused was found guilty of retaining stolen property, as he attempted to sell a necklace identified as stolen, knowing or having reason to believe it was stolen.

  • Housebreaking
  • Aiding and abetting
  • Stealing from dwelling house
  • Retaining stolen property
  • Fingerprint evidence
  • Circumstantial evidence
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Criminal law [2017] SCSC 944

R v Prosper (CR 65/2010)

R v Prosper (CR 65/2010) [2017] SCSC 944 (26 October 2017)

The prosecution failed to establish a prima facie case on both counts as there was no admissible evidence of agreement to steal or of the accused's knowledge or participation in the alleged offences. The key prosecution witness's evidence was expunged due to lack of cross-examination, and the accused's statements did not amount to unequivocal admissions of guilt or establish the necessary mental element for the offences. The accused is acquitted on both counts.

  • Conspiracy
  • Stealing by servant
  • Retaining stolen property
  • Right to fair trial
  • Admissibility of evidence
  • Cross-examination
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Criminal law [2006] SCSC 19

R v Francois and Another (108 of 2003)

R v Francois and Another (108 of 2003) [2006] SCSC 19 (3 August 2006)

The Supreme Court of Seychelles acquitted two accused of retaining stolen property and unlawful possession after finding the prosecution had not proved knowledge or reason to believe the items were stolen.

  • Retaining stolen property
  • Unlawful possession of property
  • Burglary
  • Robbery with violence
  • Burden of proof
  • Retaining-stolen-property
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Criminal law [2005] SCSC 9

Republic v Ah-Kong (69 of 2004)

Republic v Ah-Kong (69 of 2004) [2005] SCSC 9 (28 August 2005)

The accused was reliably identified by the victims based on personal characteristics and mannerisms, was found in possession of stolen items, and sold some of the stolen goods. The prosecution proved beyond reasonable doubt all elements of robbery with violence and retention of stolen property. The accused's explanations were found to be contradictory and unconvincing.

  • Robbery with violence
  • Retaining stolen property
  • Identification evidence
  • Possession of stolen property
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Criminal law [2005] SCSC 47

R v Ah-Kong (69 of 2004)

R v Ah-Kong (69 of 2004) [2005] SCSC 47 (28 August 2005)

The Supreme Court of Seychelles convicted Allan Ah-Kong of robbery with violence and retaining stolen property after finding eyewitness recognition and possession of stolen items reliable.

  • Robbery with violence
  • Retaining stolen property
  • Identification evidence
  • Possession of stolen property
  • Robbery-with-violence
  • Retaining-stolen-property
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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.