R v De Giorgio (CO 13/2018) [2018] SCSC 8342 (10 December 2018)

R v De Giorgio (CO 13/2018) [2018] SCSC 8342 (10 December 2018)

There is sufficient evidence on record to establish a prima facie case against the accused on Counts 1, 2, 3, and 5; the prosecution evidence is not so discredited or unreliable as to warrant acquittal at this stage; Count 2 is not duplicitous as it is an alternative count containing a single offence; and charges under both the Penal Code and Anti-Corruption Act can stand, though sentencing must avoid multiple punishments for the same act.

Citation
[2018] SCSC 8342
Parties
Prosecution: The Republic; Accused: Abison De Giorgio
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 December 2018
Case Number
CO 13/2018
Procedural Posture
Criminal / Ruling on No Case to Answer Submission at Close of Prosecution Case
Outcome
Submission of no case to answer dismissed; accused called to enter defence on Counts 1, 2, 3, and 5; acquitted on Count 4 following prosecution withdrawal.
Legal Topics
Corruption, Solicitation of Property, Extortion, Obstruction of Justice, Disclosure of Confidential Information, No Case to Answer Submission, Duplicity of Charges
Source Language
English
Criminal Law Anti Corruption Corruption Solicitation of Property Extortion Obstruction of Justice Disclosure of Confidential Information No Case to Answer Submission +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Abison De Giorgio

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
  2. 2 Whether the prosecution evidence is so discredited or unreliable that no reasonable tribunal could convict
  3. 3 Whether Count 2 should be struck off for duplicity

Ratio Decidendi

There is sufficient evidence on record to establish a prima facie case against the accused on Counts 1, 2, 3, and 5; the prosecution evidence is not so discredited or unreliable as to warrant acquittal at this stage; Count 2 is not duplicitous as it is an alternative count containing a single offence; and charges under both the Penal Code and Anti-Corruption Act can stand, though sentencing must avoid multiple punishments for the same act.

Court Disposition

Submission of no case to answer dismissed; accused called to enter defence on Counts 1, 2, 3, and 5; acquitted on Count 4 following prosecution withdrawal.

Orders

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