R v Ladouce (CR 61/2019) [2020] SCSC 361 (26 June 2020);

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Criminal law : Bail : Attempted robbery in contravention of Section 282 of the Penal Code : accused released on conditions. 

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Legislation considered: 

DODIN J

  1. The accused, Sandrick Ladouce stands charged with one count of attempted robbery contrary to section 282 of the Penal Code. The particulars of the offence are that on the 16th October, 2019 at Fairyland beach, Anse Royale, Mahe, the accused armed with a machete assaulted one Katsiaryna Chudayera, a Russian national, with intent to steal one black bag containing one camera make Nikkon, valued at $500; 170 Euros in cash; two visa cards, one driving license; two passports and clothes and at or immediately after the assault wounded the said Katsiaryna Chudayera.
  2. The accused was remanded into custody from the 17th October 2019 and has remained on remand to date. This is the first bail application made by the accused. The grounds for remanding the accused advanced by the prosecution are:
      1. Seriousness of the offence;
      2. The victim is a foreign national tourist and contributing to the tourism industry;
      3. Such offences are on the rise and endangering the peace, public order and tranquillity of society;
      4. The accused had a similar matter under investigation; and
      5. That there were substantial grounds to believe that if the accused was released on bail he would try to obstruct the course of justice by absconding and that he might also commit further similar offences.

 

  1. Learned counsel for the accused does not contest most of the grounds put forth by the prosecution except for grounds iv and v which he contended there was no evidence in support of these two grounds. However the main thrust of learned counsel’s submission was that the victim in question has left Seychelles, hence there is no likelihood of interference by the accused. Secondly, the trial of the accused was aborted due to the corona virus covid-19 lockdown and thirdly that the accused has family ready to take care of him whilst the accused is ready to abide by any condition that the Court may set.
  2. Learned counsel for the Republic objected the release of the accused on bail but nevertheless conceded that the investigation in respect of a similar offence by the accused has been discontinued.
  3. Having heard both leaned counsel and having considered the affidavit of Sergeant Bessy Soomery, I find that at the time the application for remand was made the grounds for holding the accused on remand were imperative considering the nature of the offence and its impact on the victim and the tourism industry and the fact that the accused was being investigated for a similar offence. However the same situation cannot he said to continue to exist now except that the offence is still a serious one which affects the peace, public order and tranquillity of society and the possibility of the accused absconding. Other than the offence remaining a serious one the other reasons advanced for remanding the accused can be managed by imposing bail conditions.
  4. I therefore find it reasonable to release the accused on bail with the following conditions:
      1. The accused shall not leave the jurisdiction of Seychelles without an order of the Court.
      2. The accused shall deposit his passport or any travel document that he may possess into Court.
      3. Immigration Authorities are hereby notified not to issue the accused with any travel document, nor to allow the accused to leave the jurisdiction without an order of the Court.
      4. The accused shall enter into a bail bond in the sum of Fifty Thousand Rupees (SCR 50,000) with two sureties vouching for him.
      5. The accused shall be subject to the following restrictions on movements:
          1. He shall not be in a public place, entertainment place open to the public or other gatherings attended by members of the public between the hours of 8pm and 6am.
          2. He shall not go onto the beach or into the sea.
          3. He shall not approach or enter any tourism establishment unless it is necessary to do so and he is under strict supervision.
      6. The accused shall report to Mont Fleuri Police Station every Monday and Friday.
      7. The accused shall report to Court whenever required until the conclusion of this case
      8. The accused shall not commit any similar offence whilst on bail.
  5. Breach of any of the above conditions may result in bail being forfeited.

 

Signed, dated and delivered at Ile du Port on 26 June 2020.

 

 

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Dodin J