R v Brioche and Ors (CO 02/2013) [2015] SCSC 171 (29 May 2015)

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

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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)

  1. 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.