R v Agathine (CO 38/2005) [2006] SCSC 96 (26 October 2006)

R v Agathine (CO 38/2005) [2006] SCSC 96 (26 October 2006)

The application for hearing in absentia is premature as the accused has not absconded and his constitutional rights require his presence or consent for trial in absentia.

Citation
[2006] SCSC 96
Parties
Prosecution: Republic; Accused: Agathine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 October 2006
Case Number
CO 38/2005
Procedural Posture
Criminal / Ruling on Application for Hearing in Absentia
Outcome
application for hearing in absentia refused
Legal Topics
Trial in Absentia, Accused's Rights, Election Under Criminal Procedure Code
Source Language
English
Criminal Law Constitutional Law Trial in Absentia Accused's Rights Election Under Criminal Procedure Code

Case Brief

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Parties

Republic

Prosecution

Agathine

Accused

Procedural Posture

Criminal / Ruling on Application for Hearing in Absentia

Legal Issues

  1. 1 Whether the accused's counsel can make an election under Section 184(1) in the absence of the accused
  2. 2 Whether the trial can proceed in absentia under Section 133(1) of the Criminal Procedure Code and Article 19(2) of the Constitution

Ratio Decidendi

The application for hearing in absentia is premature as the accused has not absconded and his constitutional rights require his presence or consent for trial in absentia.

Court Disposition

application for hearing in absentia refused

Orders

  • Ruling made accordingly; application premature.