R v Rene & Ors (CO 28/1998) [1998] SCSC 15 (22 October 1998)

R v Rene & Ors (CO 28/1998) [1998] SCSC 15 (22 October 1998)

There is sufficient prima facie evidence that the accused, acting with common intention, caused grievous harm to the complainant, and the prosecution has established the essential elements of the offence under section 219(a) of the Penal Code. The accused are required to make a defence.

Citation
[1998] SCSC 15
Parties
Prosecution: Republic; First Accused: Rene; Second Accused: Second Accused; Third Accused: Third Accused
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 October 1998
Case Number
CO 28/1998
Procedural Posture
Criminal / Ruling on No Case to Answer at Close of Prosecution Case
Outcome
case to answer found
Legal Topics
Grievous Harm, Common Intention, Prima Facie Case, No Case to Answer Submission
Source Language
English
Criminal Law Grievous Harm Common Intention Prima Facie Case No Case to Answer Submission

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Parties

Republic

Prosecution

Rene

First Accused

Second Accused

Second Accused

Third Accused

Third Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused for causing grievous harm with common intention under section 219(a) of the Penal Code
  2. 2 Whether the evidence adduced is sufficient to require the accused to make a defence

Ratio Decidendi

There is sufficient prima facie evidence that the accused, acting with common intention, caused grievous harm to the complainant, and the prosecution has established the essential elements of the offence under section 219(a) of the Penal Code. The accused are required to make a defence.

Court Disposition

case to answer found

Orders

  • The first, second, and third accused are called upon to make their defence.