Case details

Director of Public Prosecutions (Respondent) v Lagesse (Appellant) (Mauritius)

Case ID: JCPC 2018/0080

Jurisdiction: The Court of Appeal of Mauritius

Case summary

Issue(s)

Whether the Supreme Court of Mauritius was wrong to overturn the dismissal of the charges against the appellants and to order a retrial, or whether the hearing at which it did so was unfair.

Facts

Mr Seeburrun purchased a Mercedes Benz that was imported from the UK. He was a returning citizen and could therefore benefit from a concessionary rate of excise duty. Mr Lagesse financed the purchase and used the car, but it was registered in the name of Mr Seeburrun.

The appellants and another person were charged with conspiracy to do an unlawful act, namely to evade excise duty. Mr Lagesse was also charged with wilfully and unlawfully having in his possession goods on which excise duty has not been paid. Mr Seeburrun was also charged with swearing a false affidavit in civil proceedings.

At trial, the Magistrate dismissed all the charges. He found that there was an agreement between the appellants, but that what they had agreed to do did not constitute an unlawful act. The Supreme Court granted the prosecution’s appeal of that dismissal and ordered a retrial.

Parties

Appellant(s)

Lagesse

Respondent(s)

Director of Public Prosecutions

Appeal

Justices

Lord Kerr, Lord Lloyd-Jones, Lord Briggs, Lord Sales, Lord Hamblen

Hearing start date

27 April 2020

Hearing finish date

27 April 2020

 
Watch hearing
27 Apr 2020 Morning session Afternoon session