R v Lesperance & Ors (CO 51/2013) [2016] SCSC 1072 (20 November 2016)

R v Lesperance & Ors (CO 51/2013) [2016] SCSC 1072 (20 November 2016)

The court found that the chain of custody for Exhibit 11 was intact and that the defense would not be prejudiced by the order to break open the exhibit. The objection was overruled and the order granted.

Citation
[2016] SCSC 1072
Parties
Prosecution: The Republic; 1st Accused: Hansel Lesperance; 2nd Accused: 2nd accused; 3rd Accused: 3rd accused; 4th Accused: 4th accused; 5th Accused: 5th accused
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 November 2016
Case Number
CO 51/2013
Procedural Posture
Criminal / Interlocutory Application (ruling on Breaking Open Exhibit)
Outcome
objection overruled; order granted
Legal Topics
Chain of Custody, Admissibility of Evidence, Court Powers
Source Language
English
Criminal Law Evidence Chain of Custody Admissibility of Evidence Court Powers

Case Brief

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 2 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Hansel Lesperance

1st Accused

2nd accused

2nd Accused

3rd accused

3rd Accused

4th accused

4th Accused

5th accused

5th Accused

Procedural Posture

Criminal / Interlocutory Application (ruling on Breaking Open Exhibit)

Legal Issues

  1. 1 Whether the court should order the breaking open of Exhibit 11 containing money recovered during investigations
  2. 2 Whether the chain of custody for Exhibit 11 has been maintained

Ratio Decidendi

The court found that the chain of custody for Exhibit 11 was intact and that the defense would not be prejudiced by the order to break open the exhibit. The objection was overruled and the order granted.

Court Disposition

objection overruled; order granted

Orders

  • The box (Exhibit PE11) is to be broken open.