R v Elumale (CO 08/2018) [2018] SCSC 8047 (23 January 2018)

R v Elumale (CO 08/2018) [2018] SCSC 8047 (23 January 2018)

The offence is compounded with conditions including forfeiture of vessel and equipment, indefinite ban from fishing activities, and repatriation costs, pursuant to Section 72 of the Fisheries Act 2014. The compounding is final and conclusive.

Citation
[2018] SCSC 8047
Parties
Prosecutor: The Republic; Accused: Rajendran Elumale
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 January 2018
Case Number
CO 08/2018
Procedural Posture
Criminal / Order on Compounding of Offence
Outcome
Offence compounded with conditions; case closed.
Legal Topics
Compounding of Offences, Forfeiture, Banning Orders, Repatriation Costs
Source Language
English
Criminal Law Fisheries Law Compounding of Offences Forfeiture Banning Orders Repatriation Costs

Case Brief

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Parties

The Republic

Prosecutor

Rajendran Elumale

Accused

Procedural Posture

Criminal / Order on Compounding of Offence

Legal Issues

  1. 1 Whether the offence can be compounded under Section 72 of the Fisheries Act 2014
  2. 2 Legal effect of the compounding agreement

Ratio Decidendi

The offence is compounded with conditions including forfeiture of vessel and equipment, indefinite ban from fishing activities, and repatriation costs, pursuant to Section 72 of the Fisheries Act 2014. The compounding is final and conclusive.

Court Disposition

Offence compounded with conditions; case closed.

Orders

  • All gears and equipment on board the vessel, including any catch, forfeited to the Republic.
  • The vessel and anything thereon forfeited to the Republic as full and final payment of any fine due.