R vs Gerry (CN 79.2013) [2014] SCSC 372 (15 October 2014)

R vs Gerry (CN 79.2013) [2014] SCSC 372 (15 October 2014)

The application to adduce new evidence is declined because the evidence could have been obtained at trial with due diligence, and the technicality regarding the complainant's identity does not affect the outcome of the case.

Citation
[2014] SCSC 372
Parties
Appellant: Ryan Gerry; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 October 2014
Case Number
CN 79.2013
Procedural Posture
Criminal Appeal / Ruling on Application to Adduce Additional Evidence on Appeal
Outcome
Application to adduce additional evidence on appeal declined.
Legal Topics
Appeals, Adducing Additional Evidence, Burden of Proof, Theft, Procedural Fairness
Source Language
English
Criminal Law Criminal Procedure Appeals Adducing Additional Evidence Burden of Proof Theft Procedural Fairness

Case Brief

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Parties

Ryan Gerry

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application to Adduce Additional Evidence on Appeal

Legal Issues

  1. 1 Whether the court should allow additional evidence to be adduced on appeal under section 319(1) of the Criminal Procedure Code
  2. 2 Whether the charge was fundamentally flawed for not disclosing a proper complainant

Ratio Decidendi

The application to adduce new evidence is declined because the evidence could have been obtained at trial with due diligence, and the technicality regarding the complainant's identity does not affect the outcome of the case.

Court Disposition

Application to adduce additional evidence on appeal declined.