R v Brioche and Ors (CO 02/2013) [2015] SCSC 171 (29 May 2015)
Corporal Radley Moncherry's qualifications and experience as an armourer, limited to minor repairs and basic handling of firearms, do not establish the special knowledge required to qualify as an expert on firearms and ammunition. Therefore, he is not competent to give expert evidence of opinion on the subject.
- Citation
- [2015] SCSC 171
- Parties
- Prosecution: The Republic; First Accused: Roy Brioche; Second Accused: Robert Jean; Third Accused: Danny Bresson; Fourth Accused: Franky Thelermont; Fifth Accused: Naddy Delorie; Sixth Accused: George Michel; Seventh Accused: Kenneth Esparon
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 29 May 2015
- Case Number
- CO 02/2013
- Procedural Posture
- Criminal / Ruling on Voire Dire (admissibility of Expert Evidence)
- Outcome
- Corporal Radley Moncherry is not qualified to give expert evidence of opinion on firearms and ammunition.
- Legal Topics
- Expert Evidence, Qualification of Expert Witnesses, Admissibility of Opinion Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Roy Brioche
First Accused
Robert Jean
Second Accused
Danny Bresson
Third Accused
Franky Thelermont
Fourth Accused
Naddy Delorie
Fifth Accused
George Michel
Sixth Accused
Kenneth Esparon
Seventh Accused
Procedural Posture
Criminal / Ruling on Voire Dire (admissibility of Expert Evidence)
Legal Issues
- 1 Whether Corporal Radley Moncherry is qualified to give expert evidence on firearms and ammunition
Ratio Decidendi
Corporal Radley Moncherry's qualifications and experience as an armourer, limited to minor repairs and basic handling of firearms, do not establish the special knowledge required to qualify as an expert on firearms and ammunition. Therefore, he is not competent to give expert evidence of opinion on the subject.
Court Disposition
Corporal Radley Moncherry is not qualified to give expert evidence of opinion on firearms and ammunition.
Full Case Text
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