R v DS (CR 73/2017) [2020] SCSC 482 (2 April 2020)

R v DS (CR 73/2017) [2020] SCSC 482 (2 April 2020)

The prosecution adduced sufficient evidence to establish a prima facie case of sexual assault against the accused, including the complainant's testimony and supporting medical evidence. The accused therefore has a case to answer.

Citation
[2020] SCSC 482
Parties
Prosecution: The Republic; Accused: DS
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 April 2020
Case Number
CR 73/2017
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Submission of no case to answer dismissed. Accused called upon to make his defence.
Legal Topics
Sexual Offences, Sexual Assault, Children, Submission of No Case to Answer
Source Language
English
Criminal Law Sexual Offences Sexual Assault Children Submission of No Case to Answer

Case Brief

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Parties

The Republic

Prosecution

DS

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case of sexual assault against the accused
  2. 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to make a defence

Ratio Decidendi

The prosecution adduced sufficient evidence to establish a prima facie case of sexual assault against the accused, including the complainant's testimony and supporting medical evidence. The accused therefore has a case to answer.

Court Disposition

Submission of no case to answer dismissed. Accused called upon to make his defence.

Orders

  • Submission of no case to answer is dismissed.
  • Accused is called upon to make his defence.