Esheria Seychelles Case Law
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Seychelles Case Law

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Constitutional law [2014] SCCA 29

Sullivan v Attorney General & Anor (SCA 25 of 2012)

Sullivan v Attorney General & Anor (SCA 25 of 2012) [2014] SCCA 29 (14 August 2014)

Court
Court of Appeal
Case number
SCA 25 of 2012

The offence of criminal defamation under sections 184-191 of the Penal Code is not per se unconstitutional as it is sufficiently precise, necessary in a democratic society, and proportionate to the legitimate aim of protecting reputation. The law passes all three constitutionality tests. The court cannot strike down the law in the abstract; only specific applications may be unconstitutional. The appellant's other grounds are premature as no conviction has occurred.

Source excerpt

  • Freedom of expression
  • Criminal defamation
  • Proportionality
  • Prescribed by law
  • Necessity in a democratic society
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Constitutional law [2012] SCCC 5

Sullivan v Attorney-general & Anor (CP 13 of 2011)

Sullivan v Attorney-general & Anor (CP 13 of 2011) [2012] SCCC 5 (31 July 2012)

Court
Constitutional Court
Case number
CP 13 of 2011

Sections 184 to 191 of the Penal Code are formulated with sufficient precision, provide adequate defences, and constitute a prescribed law necessary in a democratic society for the protection of reputation. The arrest and criminal proceedings were lawful and within constitutional limits. There is no unconstitutionality in the impugned provisions or proceedings.

Source excerpt

  • Freedom of expression
  • Criminal defamation
  • Constitutionality of penal provisions
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.