R vs Farad Ahmed Jama and others (Criminal Side No: 16 of 2012) [2012] SCSC 60 (5 November 2012)

R vs Farad Ahmed Jama and others (Criminal Side No: 16 of 2012) [2012] SCSC 60 (5 November 2012)

The court found that the accused, acting with common intention, committed illegal acts of violence for private ends against the MV Sunshine and the Al Molai, and voluntarily participated in the operation of a pirate ship, with evidence establishing all elements of the offences beyond reasonable doubt. The defence arguments were rejected as lacking merit, and both direct and circumstantial evidence supported conviction on all counts.

Citation
[2012] SCSC 60
Parties
Prosecution: Republic; Accused: Farad Ahmed Jama; Accused: Muhamud Mohed Hassan; Accused: Saed Hussain Said; Accused: Mohamed Dahir Omar; Accused: Abdulahi Ibrahim Roble; Accused: Faisal Ahmed Omar; Accused: Mohamed Abshir Jama; Accused: Mustafa Bashir Aip; Accused: Hayan Omar Sabriye; Accused: Mohamed Mohamed Omar; Accused: Saed Mohamud Ahmed; Accused: Abdirhamen Adam Abdirhamen; Accused: Ahmed Mohed Ismail; Accused: Said Mohamud Abdirzak; Accused: Bashir Bootan Meheid
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 November 2012
Case Number
Criminal Side No: 16 of 2012
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Conviction on all counts; sentences imposed.
Legal Topics
Piracy, Jurisdiction, Common Intention, Sentencing, Use of Juveniles in Crime
Source Language
English
Criminal Law International Law Piracy Jurisdiction Common Intention Sentencing Use of Juveniles in Crime

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Republic

Prosecution

Farad Ahmed Jama

Accused

Muhamud Mohed Hassan

Accused

Saed Hussain Said

Accused

Mohamed Dahir Omar

Accused

Abdulahi Ibrahim Roble

Accused

Faisal Ahmed Omar

Accused

Mohamed Abshir Jama

Accused

Mustafa Bashir Aip

Accused

Hayan Omar Sabriye

Accused

Mohamed Mohamed Omar

Accused

Saed Mohamud Ahmed

Accused

Abdirhamen Adam Abdirhamen

Accused

Ahmed Mohed Ismail

Accused

Said Mohamud Abdirzak

Accused

Bashir Bootan Meheid

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused committed acts of piracy under Seychelles law
  2. 2 Whether the accused acted with common intention
  3. 3 Whether the evidence supports conviction on all counts

Ratio Decidendi

The court found that the accused, acting with common intention, committed illegal acts of violence for private ends against the MV Sunshine and the Al Molai, and voluntarily participated in the operation of a pirate ship, with evidence establishing all elements of the offences beyond reasonable doubt. The defence arguments were rejected as lacking merit, and both direct and circumstantial evidence supported conviction on all counts.

Court Disposition

Conviction on all counts; sentences imposed.

Orders

  • Each adult accused sentenced to 12 years imprisonment on count 1, 18 years on count 2, and 18 years on count 3, to run concurrently.
  • Each juvenile accused sentenced to 3 years imprisonment on count 1, 4 years on count 2, and 4 years on count 3, to run concurrently.