R v Chand (CO 86/2020) [2021] SCSC 968 (28 July 2021)

R v Chand (CO 86/2020) [2021] SCSC 968 (28 July 2021)

There is a prima facie case against the accused on all counts except Count 3, as the prosecution evidence is not manifestly unreliable or discredited and essential elements of the offences are sufficiently established to require a defence.

Citation
[2021] SCSC 968
Parties
Prosecution: The Republic; Accused: Shyam Bahadur Chand
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 July 2021
Case Number
CO 86/2020
Procedural Posture
Criminal / Ruling on No Case to Answer Submission at Close of Prosecution Case
Outcome
Accused acquitted on Count 3; defence called on all other counts.
Legal Topics
No Case to Answer, Human Trafficking, Evidentiary Standards
Source Language
English
Criminal Law No Case to Answer Human Trafficking Evidentiary Standards

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Parties

The Republic

Prosecution

Shyam Bahadur Chand

Accused

Procedural Posture

Criminal / Ruling on No Case to Answer Submission at Close of Prosecution Case

Legal Issues

  1. 1 Whether there is evidence to prove the essential elements of the offences charged except Count 3
  2. 2 Whether the prosecution evidence is so discredited or unreliable that no reasonable tribunal could convict

Ratio Decidendi

There is a prima facie case against the accused on all counts except Count 3, as the prosecution evidence is not manifestly unreliable or discredited and essential elements of the offences are sufficiently established to require a defence.

Court Disposition

Accused acquitted on Count 3; defence called on all other counts.

Orders

  • Accused acquitted on Count 3
  • Accused to enter defence on Counts 1, 2, 4, 5, 6, 7, and 8