R v Stravens (CO CR 28/2013) [2017] SCSC 939 (18 October 2017)

R v Stravens (CO CR 28/2013) [2017] SCSC 939 (18 October 2017)

The prosecution failed to establish a prima facie case of gross negligence or recklessness required for manslaughter, as the evidence did not show the accused drove in a manner amounting to gross negligence or recklessness. However, there was sufficient evidence of negligence or carelessness to require the accused to answer the charge of causing death by dangerous driving.

Citation
[2017] SCSC 939
Parties
Prosecution: The Republic; Accused: Terrence Stravens
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 October 2017
Case Number
CO CR 28/2013
Procedural Posture
Criminal / Ruling on No Case to Answer and Demurrer Motion at Close of Prosecution Case
Outcome
Partial acquittal; accused acquitted on manslaughter, case to answer on causing death by dangerous driving
Legal Topics
Manslaughter, Causing Death by Dangerous Driving, No Case to Answer Submission, Demurrer, Negligence, Recklessness
Source Language
English
Criminal Law Road Traffic Law Manslaughter Causing Death by Dangerous Driving No Case to Answer Submission Demurrer Negligence Recklessness

Case Brief

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Parties

The Republic

Prosecution

Terrence Stravens

Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of manslaughter against the accused
  2. 2 Whether the prosecution established a prima facie case of causing death by dangerous driving
  3. 3 Whether the indictment for manslaughter was legally sufficient

Ratio Decidendi

The prosecution failed to establish a prima facie case of gross negligence or recklessness required for manslaughter, as the evidence did not show the accused drove in a manner amounting to gross negligence or recklessness. However, there was sufficient evidence of negligence or carelessness to require the accused to answer the charge of causing death by dangerous driving.

Court Disposition

Partial acquittal; accused acquitted on manslaughter, case to answer on causing death by dangerous driving

Orders

  • Accused acquitted on count of manslaughter
  • Accused to make defence on count of causing death by dangerous driving