R v Geers & Ors (CO 27/2017) [2018] SCSC 8064 (6 February 2018)

R v Geers & Ors (CO 27/2017) [2018] SCSC 8064 (6 February 2018)

The application for leave to appeal is dismissed because the proposed appeal is frivolous, vexatious, and has no overwhelming chance of success. The right of appeal exists but is limited by statute, and the balance of hardship favours the Republic. There is no justification for a stay of proceedings or adjournment...

Source-derived case information.

Citation
[2018] SCSC 8064
Parties
Prosecutor: The Republic; Accused: Albert Alexander Geers; Accused: Mary Geers; Accused: Albertus Geers
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 February 2018
Case Number
CO 27/2017
Procedural Posture
Criminal / Ruling on Application for Leave to Appeal (interlocutory)
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Interlocutory Appeals, Stay of Proceedings, Trafficking in Controlled Drugs, Misuse of Drugs Act, Constitutional Rights
Source Language
english
Criminal Law Constitutional Law Leave to Appeal Interlocutory Appeals Stay of Proceedings Trafficking in Controlled Drugs Misuse of Drugs Act Constitutional Rights

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Summary, issues, holding and outcome

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Parties

The Republic

Prosecutor

Albert Alexander Geers

Accused

Mary Geers

Accused

Albertus Geers

Accused

Procedural Posture

Criminal / Ruling on Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 Whether leave to appeal to the Seychelles Court of Appeal should be granted against an interlocutory decision refusing to adjourn/stay the trial pending a Constitutional Petition
  2. 2 Whether a stay of proceedings should be granted pending appeal
  3. 3 Whether the right of appeal exists against interlocutory orders in criminal matters

Ratio Decidendi

The application for leave to appeal is dismissed because the proposed appeal is frivolous, vexatious, and has no overwhelming chance of success. The right of appeal exists but is limited by statute, and the balance of hardship favours the Republic. There is no justification for a stay of proceedings or adjournment pending appeal.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal to the Seychelles Court of Appeal is dismissed
  • No stay of proceedings granted