R v Freminot & Anor (CO 47/2018) [2020] SCSC 544 (10 July 2020)

R v Freminot & Anor (CO 47/2018) [2020] SCSC 544 (10 July 2020)

There is evidence on record which, if believed, could support a conviction; prosecution evidence is not so discredited or unreliable as to warrant a finding of no case to answer; the accused are called upon to make their defence.

Citation
[2020] SCSC 544
Parties
Prosecution: Republic; 1st Accused: Christopher Freminot; 2nd Accused: Richard Lesperance
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 July 2020
Case Number
CO 47/2018
Procedural Posture
Criminal / Ruling on No Case to Answer at Close of Prosecution Case
Outcome
Submission of no case to answer dismissed; accused called to make defence.
Legal Topics
Importation of Controlled Drugs, Conspiracy, Trafficking in Controlled Drugs, Admissibility of Evidence, No Case to Answer Submission
Source Language
English
Criminal Law Importation of Controlled Drugs Conspiracy Trafficking in Controlled Drugs Admissibility of Evidence No Case to Answer Submission

Case Brief

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Parties

Republic

Prosecution

Christopher Freminot

1st Accused

Richard Lesperance

2nd Accused

Procedural Posture

Criminal / Ruling on No Case to Answer 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 prosecution evidence is so discredited or unreliable that no reasonable tribunal could convict
  3. 3 Admissibility of evidence obtained in alleged contravention of procedural law

Ratio Decidendi

There is evidence on record which, if believed, could support a conviction; prosecution evidence is not so discredited or unreliable as to warrant a finding of no case to answer; the accused are called upon to make their defence.

Court Disposition

Submission of no case to answer dismissed; accused called to make defence.

Orders

  • Both accused to be called upon to make their defence on all charges.