R v Aden & Ors [Sentence] (CO 75/2010) [2011] SCSC 101 (28 February 2011)

R v Aden & Ors [Sentence] (CO 75/2010) [2011] SCSC 101 (28 February 2011)

Given the planned and violent nature of the piracy, the use of firearms, detention and mistreatment of the crew, and the need for deterrence, a sentence of 20 years on count one and 10 years on count two, to run concurrently, is appropriate despite mitigating factors.

Citation
[2011] SCSC 101
Parties
Prosecution: Republic; Accused: Nur Mohamed Aden; Accused: Ali Mohamed Ali; Accused: Abdi Ahmed Farah; Accused: Farhan Yousuf Ali; Accused: Jamal Mohamed Ali; Accused: Bashir Khalif Hashi; Accused: Mohamed Ahmed Ali; Accused: Abdullahi Mohamed Hassan; Accused: Abdifatah Ahmed Hassan; Accused: Abdi Rizak Mohamed Ali
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 February 2011
Case Number
CO 75/2010
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Piracy, Sentencing, Juvenile Offenders, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Maritime Law Piracy Sentencing Juvenile Offenders Aggravating and Mitigating Factors

Case Brief

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Parties

Republic

Prosecution

Nur Mohamed Aden

Accused

Ali Mohamed Ali

Accused

Abdi Ahmed Farah

Accused

Farhan Yousuf Ali

Accused

Jamal Mohamed Ali

Accused

Bashir Khalif Hashi

Accused

Mohamed Ahmed Ali

Accused

Abdullahi Mohamed Hassan

Accused

Abdifatah Ahmed Hassan

Accused

Abdi Rizak Mohamed Ali

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for piracy under section 65 of the Penal Code given the circumstances of the offence and the offenders?

Ratio Decidendi

Given the planned and violent nature of the piracy, the use of firearms, detention and mistreatment of the crew, and the need for deterrence, a sentence of 20 years on count one and 10 years on count two, to run concurrently, is appropriate despite mitigating factors.

Court Disposition

conviction and custodial sentence

Orders

  • Accused sentenced to 20 years on count one and 10 years on count two, sentences to run concurrently.
  • Ninety-eight days spent on remand to count towards sentence.