Republic V Abdela (CO 103/2015) [2016] SCSC 49 (02 February 2016);

 

IN THE SUPREME COURT OF SEYCHELLES

Criminal Side: 103/2015

 

[2016] SCSC 49

 

THE REPUBLIC

 

versus

 

HUSSEIN ABDELA

Accused

 


Heard:                          

Counsel:                      Mr Khalyaan,  for the Republic

 

                                    Clifford Andre for the Accused

                                        

Delivered:                    2nd February 2016


SENTENCE


 

Dodin, J

 

[1]       For the offence of fishing without a fishing license as charged, I sentence you to a fine of Rs1000/- as the             law requires that a fine be imposed for the offence.

[2]       I further order that the vessel in which you were fishing and all fishing gear be forfeited to the Republic of             Seychelles pursuant to Section 70(a) of the Fisheries Act.

[3]       I further also order that any fish found on the vessel be forfeited to the Republic as per Section 70(b) of               the Fisheries Act.

[4]      In view of the Convicts having no means to pay the fine, I hereby order that the fine to be levied                         from the sale or disposal of the vessel, gears or the fish found on the vessel with the remainder going to              the Republic per the order above.

[5]     I further recommend that the Convict be repatriated to his country of origin or residency as a prohibited               immigrant as soon as reasonably practicable.

 

 

Signed, dated and delivered at Ile du Port on  2nd February 2016

 

 

 

 

G.Dodin

Judge of the Supreme Court