R v Edmond (CO 38/2004) [2008] SCSC 117 (28 September 2008)

R v Edmond (CO 38/2004) [2008] SCSC 117 (28 September 2008)

The amendment of the charge from 'sexual interference' to 'an act of indecency' under section 135(1) of the Penal Code does not prejudice the accused or cause injustice, as the substance of the allegation remains unchanged and the accused is represented by counsel.

Citation
[2008] SCSC 117
Parties
Prosecution: Republic; Accused: Simon Pierre Edmond
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 September 2008
Case Number
CO 38/2004
Procedural Posture
Criminal / Ruling on Amendment of Charge Before Close of Prosecution Case
Outcome
objection overruled; amendment allowed
Legal Topics
Amendment of Charge, Sexual Offences, Acts of Indecency, Prejudice to Accused
Source Language
English
Criminal Law Amendment of Charge Sexual Offences Acts of Indecency Prejudice to Accused

Case Brief

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Parties

Republic

Prosecution

Simon Pierre Edmond

Accused

Procedural Posture

Criminal / Ruling on Amendment of Charge Before Close of Prosecution Case

Legal Issues

  1. 1 Whether the charge can be amended from 'sexual interference' to 'an act of indecency' under section 135(1) of the Penal Code
  2. 2 Whether the amendment would prejudice the accused or cause injustice

Ratio Decidendi

The amendment of the charge from 'sexual interference' to 'an act of indecency' under section 135(1) of the Penal Code does not prejudice the accused or cause injustice, as the substance of the allegation remains unchanged and the accused is represented by counsel.

Court Disposition

objection overruled; amendment allowed

Orders

  • Amended charge accepted
  • Accused to plead to amended charge before trial proceeds