R vs Payet and another (CO 53.2012) [2013] SCSC 75 (6 November 2013)
There is sufficient evidence on identification and participation of all accused in the robbery with violence, and the prosecution has established a prima facie case requiring the accused to answer the charge.
- Citation
- [2013] SCSC 75
- Parties
- Prosecution: The Republic; Accused: Leslie Payet; Accused: Christopher Nicholas; Accused: Dave Rose; Accused: Kelly Dubel
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 6 November 2013
- Case Number
- CO 53.2012
- Procedural Posture
- Criminal / Ruling on No Case to Answer at Close of Prosecution Case
- Outcome
- Application for no case to answer dismissed; all accused found to have a case to answer.
- Legal Topics
- Robbery With Violence, Identification Evidence, No Case to Answer Submission
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Leslie Payet
Accused
Christopher Nicholas
Accused
Dave Rose
Accused
Kelly Dubel
Accused
Procedural Posture
Criminal / Ruling on No Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether there is evidence to prove the essential elements of robbery with violence
- 2 Whether the identification evidence is sufficient to require the accused to answer the charge
Ratio Decidendi
There is sufficient evidence on identification and participation of all accused in the robbery with violence, and the prosecution has established a prima facie case requiring the accused to answer the charge.
Court Disposition
Application for no case to answer dismissed; all accused found to have a case to answer.
Orders
- All accused are called upon to present their defence.
Full Case Text
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