R v Barreau (CO64/2017) [2018] SCSC 8340 (6 December 2018)

R v Barreau (CO64/2017) [2018] SCSC 8340 (6 December 2018)

The amendment to the indictment cannot be granted as it would prejudice the accused, who has already conducted his defence on the original charges and would be unable to contest the new charges through cross-examination of prosecution witnesses.

Citation
[2018] SCSC 8340
Parties
Prosecution: The Republic; Accused: Francis Barreau
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 December 2018
Case Number
CO64/2017
Procedural Posture
Criminal / Ruling on Prosecution's Motion to Amend Charges After Close of Prosecution Evidence But Before Formal Closure
Outcome
Prosecution's motion to amend charges refused
Legal Topics
Amendment of Charges, Prejudice to Accused, Controlled Drugs, Procedure in Criminal Trials
Source Language
English
Criminal Law Amendment of Charges Prejudice to Accused Controlled Drugs Procedure in Criminal Trials

Case Brief

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Parties

The Republic

Prosecution

Francis Barreau

Accused

Procedural Posture

Criminal / Ruling on Prosecution's Motion to Amend Charges After Close of Prosecution Evidence But Before Formal Closure

Legal Issues

  1. 1 Whether the prosecution should be granted leave to amend the charges by substitution and addition after leading evidence but before closing its case
  2. 2 Whether such amendment would prejudice the accused

Ratio Decidendi

The amendment to the indictment cannot be granted as it would prejudice the accused, who has already conducted his defence on the original charges and would be unable to contest the new charges through cross-examination of prosecution witnesses.

Court Disposition

Prosecution's motion to amend charges refused

Orders

  • Case to proceed on the charges pleaded to by the accused