Suzette v R (CN 69 / 2014) [2015] SCSC 195 (16 June 2015)

Suzette v R (CN 69 / 2014) [2015] SCSC 195 (16 June 2015)

The court held that the trial magistrate had no legal obligation to interfere with the charges brought by the Attorney General as there was no evidence of oppression or abuse of process, and thus dismissed the appeal.

Source-derived case information.

Citation
[2015] SCSC 195
Parties
Appellant: Rupert Suzette; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 June 2015
Case Number
CN 69 / 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sexual Assault, Prosecutorial Discretion, Fair Trial, Amendment of Charge
Source Language
english
Criminal Law Sexual Assault Prosecutorial Discretion Fair Trial Amendment of Charge

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rupert Suzette

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was wrongly charged under section 130 instead of section 135 of the Penal Code
  2. 2 Whether the trial magistrate should have amended the charge
  3. 3 Whether failure to amend the charge denied the appellant a statutory defence

Ratio Decidendi

The court held that the trial magistrate had no legal obligation to interfere with the charges brought by the Attorney General as there was no evidence of oppression or abuse of process, and thus dismissed the appeal.

Court Disposition

appeal dismissed