Samson v R (SCA 11 of 1995) [1995] SCCA 34 (19 October 1995)

Samson v R (SCA 11 of 1995) [1995] SCCA 34 (19 October 1995)

The conviction was quashed because the appellant was charged with importing cannabis, but the evidence established importation of cannabis resin, a distinct substance under the Dangerous Drugs Act. The charge was never amended to reflect this, depriving the appellant of a fair opportunity to answer the correct...

Source-derived case information.

Citation
[1995] SCCA 34
Parties
Appellant: Percy Samson; Respondent: The Republic
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
19 October 1995
Case Number
SCA 11 of 1995
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal allowed; conviction quashed
Legal Topics
Defective Charge, Variance Between Charge and Evidence, Dangerous Drugs Act, Fair Trial Rights
Source Language
english
Criminal Law Defective Charge Variance Between Charge and Evidence Dangerous Drugs Act Fair Trial Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Percy Samson

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether a conviction can stand where there is a variance between the particulars of the charge and the evidence adduced
  2. 2 Whether failure to amend the charge from 'cannabis' to 'cannabis resin' is fatal to the conviction

Ratio Decidendi

The conviction was quashed because the appellant was charged with importing cannabis, but the evidence established importation of cannabis resin, a distinct substance under the Dangerous Drugs Act. The charge was never amended to reflect this, depriving the appellant of a fair opportunity to answer the correct allegation.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • The appeal is allowed.
  • The appellant's conviction is quashed.