R v Hussein & Ors (CO 06/2014) [2016] SCSC 415 (10 June 2016);

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IN THE SUPREME COURT OF SEYCHELLES
Criminal Side:  06/2014

       [2016] SCSC 415


THE REPUBLIC


versus


MOHAMMED ALI HOSSEIN
ABDULKADER MOHAMED HASSAN
ABDUL ALI ABDULLAHI
ALI  DAHIR HASSAN
SALAD DAHJIR JIMALE

 


Heard:           

Counsel:Mr Esparon, Assistant Principal State Counsel for the Republic
            Mr Vidot for the accused
           

Delivered:        10 June 2016

 

SENTENCE
Dodin J


[1] The Convicts, Mohammed Ali Hussein, Abdulkader Mohamed Hassan, Abdul Ali Abdullahi, Ali Dahir Hassan and Salad Dahjir Jimale, stand convicted of 2 counts of piracy contrary to Section 65(1) and 4 (b) of the Penal Code read with Section 22 of the Penal Code.
[2] Learned Counsel for the Convicts moved the Court in mitigation to show leniency to the convicts noting in particular that all 5 of them are young persons who due to the unfortunate state of affairs in their native Somalia now find themselves away from their homes and families whom they had been assisting and maintaining.
[3] Indeed it is common knowledge that the political, social and economic situation of Somalia have not been conducive to law and order in that part of the world and resulted in what has been termed, “The scourge of piracy.” which has affected trade and nations as well as individuals mainly in the Indian Ocean region up to the Gulf of Eden.
[4] No nation should ever encourage the offence of piracy and the laws of Seychelles as amended indeed express the harshness with which these types of offences should to dealt with.
[5] Having considered the factors raised in mitigation, and also noting that fortunately no person was injured or killed in the incident, I impose the following sentences on the convicts, considering that from evidence adduced at the trial, they are all young adults.
Count 2 – using the Shane Hind as a pirate ship. I impose a sentence of 12 years imprisonment on each convict.
Count 3 – committing an act of piracy against the Nave Atropos, I impose a sentence of 12 years on each convict.
[6] Since the offences are derived from one course of action undertaken by the convicts, the sentences shall run concurrently.
[7] The time spent on remand shall form part of the sentences.
[8]  They can appeal against the sentences within 30 working days.

Signed, dated and delivered at Ile du Port on 10 June 2016

 

G Dodin
Judge of the Supreme Court