R v Jerome (CO 57/2014) [2016] SCSC 458 (1 July 2016)

R v Jerome (CO 57/2014) [2016] SCSC 458 (1 July 2016)

The court held that the evidential inconsistencies between the prosecution witnesses were not so fundamental as to warrant a finding of no case to answer, as there was sufficient evidence on all elements of the offence to establish a prima facie case. The credibility and weight of the evidence should be determined at the end of the trial.

Citation
[2016] SCSC 458
Parties
Prosecution: The Republic; Accused: Gerve Jerome
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 July 2016
Case Number
CO 57/2014
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
Drug Trafficking, Submission of No Case to Answer, Credibility of Witnesses, Evidential Inconsistencies
Source Language
English
Criminal Law Drug Trafficking Submission of No Case to Answer Credibility of Witnesses Evidential Inconsistencies

Case Brief

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Parties

The Republic

Prosecution

Gerve Jerome

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 against the accused for trafficking in heroin
  2. 2 Whether evidential inconsistencies between prosecution witnesses are fatal to the charge at the stage of submission of no case to answer

Ratio Decidendi

The court held that the evidential inconsistencies between the prosecution witnesses were not so fundamental as to warrant a finding of no case to answer, as there was sufficient evidence on all elements of the offence to establish a prima facie case. The credibility and weight of the evidence should be determined at the end of the trial.

Court Disposition

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