Azemia v R (SCA02/2015) [2015] SCCA 54 (17 December 2015)

Azemia v R (SCA02/2015) [2015] SCCA 54 (17 December 2015)

The retrial of the appellant was lawful as it was ordered in the course of appeal proceedings by a superior court, falling within the exception to double jeopardy under article 19(5) of the Constitution, and the Attorney General acted within his constitutional powers. The Supreme Court did not err in permitting the retrial.

Citation
[2015] SCCA 54
Parties
Appellant: Francis Azemia; Respondent: The Republic
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
17 December 2015
Case Number
SCA02/2015
Procedural Posture
Criminal Appeal / Appeal From Supreme Court Ruling on Retrial After Conviction Quashed
Outcome
Appeal dismissed
Legal Topics
Double Jeopardy, Autrefois Acquit, Right to Fair Hearing, Powers of Attorney General, Retrial Orders
Source Language
English
Criminal Law Constitutional Law Double Jeopardy Autrefois Acquit Right to Fair Hearing Powers of Attorney General Retrial Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Francis Azemia

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Supreme Court Ruling on Retrial After Conviction Quashed

Legal Issues

  1. 1 Whether the appellant is protected by the rule against double jeopardy (autrefois acquit) under article 19(5) of the Constitution
  2. 2 Whether the Supreme Court erred in ruling that the appellant could be retried for murder
  3. 3 Whether the Court of Appeal's prior judgment specifically ordered a retrial or left it to the Attorney General's discretion

Ratio Decidendi

The retrial of the appellant was lawful as it was ordered in the course of appeal proceedings by a superior court, falling within the exception to double jeopardy under article 19(5) of the Constitution, and the Attorney General acted within his constitutional powers. The Supreme Court did not err in permitting the retrial.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.