R v Matombe (CO 7/2005) [2006] SCSC 44 (23 May 2006)

R v Matombe (CO 7/2005) [2006] SCSC 44 (23 May 2006)

The evidence on record is sufficient to require the accused to offer an explanation in rebuttal, as a prima facie case has been made out for the alternative count of indecency towards a person under 15 years.

Citation
[2006] SCSC 44
Parties
Prosecution: Republic; Accused: Jacques Matombe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 May 2006
Case Number
CO 7/2005
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution Case
Outcome
Submission of no case to answer dismissed; accused ordered to be put on his defence on the alternative count.
Legal Topics
Sexual Offences, Procedure—submission of No Case to Answer, Indecency Towards Minors
Source Language
English
Criminal Law Sexual Offences Procedure—submission of No Case to Answer Indecency Towards Minors

Case Brief

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Parties

Republic

Prosecution

Jacques Matombe

Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case requiring the accused to be put on his defence for the alternative count of indecency towards a person under 15 years

Ratio Decidendi

The evidence on record is sufficient to require the accused to offer an explanation in rebuttal, as a prima facie case has been made out for the alternative count of indecency towards a person under 15 years.

Court Disposition

Submission of no case to answer dismissed; accused ordered to be put on his defence on the alternative count.

Orders

  • Accused to be put on his defence in respect of the alternative count (Count 2) under section 184 of the Criminal Procedure Code.