R v Tarani & Ors (CO 25/2016) [2017] SCSC 860 (11 May 2017)

R v Tarani & Ors (CO 25/2016) [2017] SCSC 860 (11 May 2017)

There is sufficient evidence on the essential elements of the offences and the prosecution evidence has not been so discredited or rendered unreliable as to warrant acquittal at this stage; a prima facie case exists and the accused must be called to answer the charges.

Citation
[2017] SCSC 860
Parties
Prosecution: The Republic; Accused: Imam Baksh Tarani; Accused: Hattam Mothashimina; Accused: Hoseyn Bazdar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 May 2017
Case Number
CO 25/2016
Procedural Posture
Criminal / Ruling on No Case to Answer at Close of Prosecution Case
Outcome
Defence submission of no case to answer rejected; accused called to present their defence.
Legal Topics
Importation of Controlled Drugs, Trafficking in Controlled Drugs, No Case to Answer Submission, Presumption of Trafficking, Right of Innocent Passage
Source Language
English
Criminal Law Importation of Controlled Drugs Trafficking in Controlled Drugs No Case to Answer Submission Presumption of Trafficking Right of Innocent Passage

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Parties

The Republic

Prosecution

Imam Baksh Tarani

Accused

Hattam Mothashimina

Accused

Hoseyn Bazdar

Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether there is evidence to prove the essential elements of the offences charged
  2. 2 Whether the prosecution evidence has been so discredited or is so manifestly unreliable that no reasonable tribunal could safely convict
  3. 3 Whether the accused have a case to answer

Ratio Decidendi

There is sufficient evidence on the essential elements of the offences and the prosecution evidence has not been so discredited or rendered unreliable as to warrant acquittal at this stage; a prima facie case exists and the accused must be called to answer the charges.

Court Disposition

Defence submission of no case to answer rejected; accused called to present their defence.

Orders

  • All three accused to present their defence in respect of the charges.