R v Mousbe (CO 17/2016) [2016] SCSC 642 (4 September 2016)

R v Mousbe (CO 17/2016) [2016] SCSC 642 (4 September 2016)

The court found that the amendment could be effected without causing injustice to the accused, especially since an adjournment would be granted to allow the defence to prepare.

Citation
[2016] SCSC 642
Parties
Prosecutor: The Republic; Accused: Jemmy Mousbe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 September 2016
Case Number
CO 17/2016
Procedural Posture
Criminal / Interlocutory Application to Amend Charge Particulars
Outcome
Application to amend particulars allowed with adjournment granted to the defence.
Legal Topics
Amendment of Charge, Adjournment, Fair Trial
Source Language
English
Criminal Law Criminal Procedure Amendment of Charge Adjournment Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecutor

Jemmy Mousbe

Accused

Procedural Posture

Criminal / Interlocutory Application to Amend Charge Particulars

Legal Issues

  1. 1 Whether the prosecution can amend the particulars of the offence to reflect the true owner of the burnt house
  2. 2 Whether such amendment would cause injustice to the accused

Ratio Decidendi

The court found that the amendment could be effected without causing injustice to the accused, especially since an adjournment would be granted to allow the defence to prepare.

Court Disposition

Application to amend particulars allowed with adjournment granted to the defence.

Orders

  • Prosecution may amend the particulars of the offence to reflect the correct owner of the burnt house.
  • Defence is granted an adjournment to study the case afresh and prepare their defence in light of the amendment.