Automated Summary
Key Facts
The accused, Kailash Sharma Beeharry, was charged with an insult under Section 296(a) of the Criminal Code for using abusive language on August 6, 2016, towards Mrs. Sarojeenee Devi Ramsamy, the grandmother of his child. The court found the prosecution's case proven beyond reasonable doubt and convicted the accused. The judgment was delivered on September 21, 2022.
Issues
Whether the prosecution proved the accused committed an insult under Section 296(a) of the Criminal Code beyond a reasonable doubt
Holdings
- The court determined that the words « casse liki » and « pitin » constitute abusive language without imputation of a fact, satisfying the definition of an insult under Section 296(a) of the Criminal Code.
- The accused was found guilty due to the prosecution proving the charge beyond reasonable doubt.
Legal Principles
- Burden of Proof
- Standard of Proof
Precedent Name
- Rumjon M. R. v The State
- Andoo M vs The Queen
- Boodhoo A. v The State
Cited Statute
Criminal Code
Judge Name
A Dhunnoo
Passage Text
- In light of all that precedes, I find that the Prosecution has proved the charge against the accused beyond reasonable doubt. I therefore find the accused guilty as charged.
- The words « casse liki » and « pitin » repeated by the complainant amount to abusive language which do not carry with them the imputation of a fact in the form of an "articulation précise de fait de nature à être sans difficulté l'objet d'une preuve et d'un débat contradictoire".