R v Attoomani [2019] SCSC 584 (15 July 2019)

The convicted individual, a 51-year-old Comorian, was the skipper of a foreign fishing vessel. He pleaded guilty to fishing without a fishing vessel licence contrary to section 11(1) as read with sections 58 and 89 of the Fisheries Act 2014 (the Act).

In his plea for mitigation, the individual claimed that he went fishing in a boat, the Pevoni, with an engine borrowed from a friend. He stated that he did not know that it was an offence to fish in the area where he was found. He stated that he now owes money for both the engine and the fuel and that he is poverty-stricken. Furthermore, he stated that the vessel and the fishing were not commercial, but rather more artisanal. Lastly, he claimed to be suffering from an STD and asked that this be taken into account. 

The court held that it took into account the individual’s plea for mitigation and the remorse shown by the individual, as well as the poverty-stricken situation of Comoros. 

The court sentenced him to a fine of one thousand Seychelles Rupees. It ordered that, under section 70(a) of the Act, the vessel in which he was fishing together with all the fishing gear be forfeited to the Republic of Seychelles. Given the convicted individual having no means to pay the fine, it was ordered that the fine be levied from the sale of the vessel and fishing gear. It was further recommended that the individual be repatriated to his country of origin.

The convicted individual, a 51-year-old Comorian, was the skipper of a foreign fishing vessel. He pleaded guilty to fishing without a fishing vessel licence contrary to section 11(1) as read with sections 58 and 89 of the Fisheries Act 2014 (the Act).

In his plea for mitigation, the individual claimed that he went fishing in a boat, the Pevoni, with an engine borrowed from a friend. He stated that he did not know that it was an offence to fish in the area where he was found. He stated that he now owes money for both the engine and the fuel and that he is poverty-stricken. Furthermore, he stated that the vessel and the fishing were not commercial, but rather more artisanal. Lastly, he claimed to be suffering from an STD and asked that this be taken into account. 

The court held that it took into account the individual’s plea for mitigation and the remorse shown by the individual, as well as the poverty-stricken situation of Comoros. 

The court sentenced him to a fine of one thousand Seychelles Rupees. It ordered that, under section 70(a) of the Act, the vessel in which he was fishing together with all the fishing gear be forfeited to the Republic of Seychelles. Given the convicted individual having no means to pay the fine, it was ordered that the fine be levied from the sale of the vessel and fishing gear. It was further recommended that the individual be repatriated to his country of origin.