R v Baker & Ano (CO 46/2011) [2018] SCSC 8113 (15 March 2018)

R v Baker & Ano (CO 46/2011) [2018] SCSC 8113 (15 March 2018)

The prosecution established a prima facie case against the first accused on the count of trafficking by showing knowledge and access to the drugs found at his mother's premises. There was no evidence linking the second accused to the drugs or establishing aiding, abetting, or conspiracy. The second accused is acquitted of all counts; the first accused is acquitted of counts 2 and 3 but must make a defence to count 1.

Citation
[2018] SCSC 8113
Parties
Prosecution: The Republic; First Accused: David Baker; Second Accused: Dominico Banane
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 March 2018
Case Number
CO 46/2011
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Partial acquittal; case to proceed against first accused on count 1
Legal Topics
Drug Trafficking, Possession of Controlled Substances, Aiding and Abetting, Conspiracy, Prima Facie Case, No Case to Answer
Source Language
English
Criminal Law Drug Trafficking Possession of Controlled Substances Aiding and Abetting Conspiracy Prima Facie Case No Case to Answer

Case Brief

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Parties

The Republic

Prosecution

David Baker

First Accused

Dominico Banane

Second Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused on charges of trafficking, aiding and abetting, and conspiracy
  2. 2 Whether the evidence adduced is sufficient to require the accused to make a defence

Ratio Decidendi

The prosecution established a prima facie case against the first accused on the count of trafficking by showing knowledge and access to the drugs found at his mother's premises. There was no evidence linking the second accused to the drugs or establishing aiding, abetting, or conspiracy. The second accused is acquitted of all counts; the first accused is acquitted of counts 2 and 3 but must make a defence to count 1.

Court Disposition

Partial acquittal; case to proceed against first accused on count 1

Orders

  • Second accused acquitted of all counts
  • First accused acquitted of counts 2 and 3