Boniface v R (SCA 5 of 1997) [1997] SCCA 46 (14 August 1997)

IN THE SEYCHELLES COURT OF APPEAL DONA BONIFACE APPELLANT Versus THE REPUBLIC RESPONDENT (Before, H. Goburdhun (P), A. Silungwe (JA) & L Venchard (JAJ Criminal Appeal No. 5 of 1997 ------------------------------------------------------------------------------------- Mr A Juliette for the Appellant Mr R Kanakaratne for the Respondent ~,::/ ... ~'(---------- ~- ( \ JUDGMENT The appellant was convicted of a sexual assault upon a 16 year old girl and was sentenced to a term of imprisonment of 12 years. Mr Juliette submitted that as the appellant had been convicted exclusively the conviction was bad. He on the uncorroborated evidence of the complainant, argued that the English Law of Evidence was applicable and that under English Law corroboration was required as a matter oflaw The appeal against the conviction is dismissed but the sentence is reduced to 8 years imprisonment as it is manifestly harsh and excessive. In deference to the submissions of counsel. the reasons for our judgment will be filed in due course. i..~................. ~ H. Goburdhun President . <:~b ~".~ . ..~ . , A Silungwe L. Venchard Justice of Appeal Justice of Appeal Dated this I.~day of August. 1997