R v Leon (Case No: CR 10 of 2010.) [2013] SCSC 65 (5 April 2013)

R v Leon (Case No: CR 10 of 2010.) [2013] SCSC 65 (5 April 2013)

The absence of a heading for the statement of offence does not render the charge fatally defective where the substance and clarity of the charge are sufficient and the accused is not prejudiced.

Source-derived case information.

Citation
[2013] SCSC 65
Parties
Prosecution: Republic; Accused: Justin Emmanuel Leon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 April 2013
Case Number
Case No: CR 10 of 2010.
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution's Case
Outcome
Submission of no case to answer dismissed; accused called upon to make his defence.
Legal Topics
Defective Charge, Drafting of Charges, Misuse of Drugs, Fair Trial
Source Language
english
Criminal Law Defective Charge Drafting of Charges Misuse of Drugs Fair Trial

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Republic

Prosecution

Justin Emmanuel Leon

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the charge against the accused is fatally defective for lack of a statement of offence heading as required by section 114 of the Criminal Procedure Code

Ratio Decidendi

The absence of a heading for the statement of offence does not render the charge fatally defective where the substance and clarity of the charge are sufficient and the accused is not prejudiced.

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 to make his defence.