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Seychelles decisions
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R v Stravens (CO 28/2013) [2018] SCSC 8057 (1 February 2018)
The accused was not proven to have driven at speed or recklessly, but was negligent in failing to use other means, such as the hand brake, to stop the vehicle after alleged mechanical failure, resulting in the death of the pedestrian. The evidence established negligence but not dangerous driving.
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Baillon v The Republic (CN 06/2017) [2018] SCSC 8049 (25 January 2018)
The Supreme Court quashed a negligent driving conviction and sentence after finding the magistrate relied on incorrect and unsupported facts. A retrial before another magistrate was ordered.
Hoareau v Republic (CN 01/2015) [2016] SCSC 97 (19 February 2016)
Appeal dismissed in a negligent driving case after the Supreme Court upheld the conviction and sentence, finding the prosecution evidence credible and the fine lawful.
R vs Gobine (CO 03.2008) [2013] SCSC 76 (8 November 2013)
The court acquitted the accused of causing death by dangerous driving but convicted him of negligent driving after a fatal overtaking manoeuvre on a wet road.
R vs Boniface (Criminal Side No: 31 of 2007) [2013] SCSC 42 (5 April 2013)
The accused was not proven to have driven at a high or dangerous speed but failed to maintain a proper lookout and failed to stop his vehicle as a reasonable and prudent driver would have done, amounting to negligent driving. The breathalyzer evidence was accepted as reliable, establishing the offence of driving with alcohol concentration above the prescribed limit.
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Republic v Pelhelmer (48 of 2010) [2010] SCSC 98 (25 October 2010)
The accused failed to exercise the degree of care expected of a reasonable driver by crossing the white dividing line into the lane of oncoming traffic, which resulted in a fatal collision. The prosecution proved beyond reasonable doubt that the accused was guilty of negligent driving, not dangerous driving, as there was no evidence of high speed or complete disregard for safety.
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R v Isaac (13 of 2009) [2010] SCSC 22 (8 August 2010)
The Supreme Court of Seychelles upheld a negligent driving conviction, holding that the appellant crossed into oncoming traffic without ensuring it was safe.
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