R v Renaud (CO 12/2015) [2015] SCSC 491 (23 October 2015)

R v Renaud (CO 12/2015) [2015] SCSC 491 (23 October 2015)

The prosecution failed to prove exclusive possession or knowledge of the drugs by the accused, as the room was used by others and there was no evidence the accused knew of the drugs' presence.

Citation
[2015] SCSC 491
Parties
Prosecution: The Republic; Accused: Mervin Michel Renaud
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 October 2015
Case Number
CO 12/2015
Procedural Posture
Criminal / Ruling on No Case to Answer Submission
Outcome
acquittal
Legal Topics
Drug Trafficking, Possession, Burden of Proof, Exclusive Possession
Source Language
English
Criminal Law Drug Trafficking Possession Burden of Proof Exclusive Possession

Case Brief

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Parties

The Republic

Prosecution

Mervin Michel Renaud

Accused

Procedural Posture

Criminal / Ruling on No Case to Answer Submission

Legal Issues

  1. 1 Whether the accused was in exclusive possession of the controlled drug found in the room
  2. 2 Whether the prosecution established a prima facie case for the accused to be called to make his defence

Ratio Decidendi

The prosecution failed to prove exclusive possession or knowledge of the drugs by the accused, as the room was used by others and there was no evidence the accused knew of the drugs' presence.

Court Disposition

acquittal

Orders

  • Case dismissed under Section 183 of the Criminal Procedure Code and Article 19(2)(a) of the Constitution
  • Accused acquitted