R v Souffe & Ors (CO 52/2013) [2016] SCSC 457 (23 June 2016)

R v Souffe & Ors (CO 52/2013) [2016] SCSC 457 (23 June 2016)

The evidence did not establish a prima facie case against the 4th and 5th accused as neither participated in or had the requisite knowledge or intent for the offences charged. The 4th accused was not present at the relevant time and had no opportunity to dissociate himself, while the 5th accused was a minor with no participation or agreement in the illegal acts.

Citation
[2016] SCSC 457
Parties
Prosecution: The Republic; Accused: Francois Souffe; Accused: Georges Julienne; Accused: Davy Harie Francis; Accused: Casey Brian Sophola; Accused: Manroe Ralph Cesar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 June 2016
Case Number
CO 52/2013
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
acquittal
Legal Topics
Controlled Drugs, Importation, Trafficking, Conspiracy, Prima Facie Case, Acquittal
Source Language
English
Criminal Law Controlled Drugs Importation Trafficking Conspiracy Prima Facie Case Acquittal

Case Brief

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Parties

The Republic

Prosecution

Francois Souffe

Accused

Georges Julienne

Accused

Davy Harie Francis

Accused

Casey Brian Sophola

Accused

Manroe Ralph Cesar

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the 4th and 5th accused for charges of importation, trafficking, and conspiracy relating to controlled drugs.

Ratio Decidendi

The evidence did not establish a prima facie case against the 4th and 5th accused as neither participated in or had the requisite knowledge or intent for the offences charged. The 4th accused was not present at the relevant time and had no opportunity to dissociate himself, while the 5th accused was a minor with no participation or agreement in the illegal acts.

Court Disposition

acquittal

Orders

  • The 4th accused is acquitted of all 10 counts.
  • The 5th accused is acquitted of all counts.