R v Osman & Ors (CO 19/2011) [2011] SCSC 74 (12 October 2011)

R v Osman & Ors (CO 19/2011) [2011] SCSC 74 (12 October 2011)

The court found that while there was insufficient evidence of overt acts of violence or depredation directed at the Draco to sustain a conviction for piracy under section 65(4)(a), the conduct of the accused constituted an attempt to commit piracy under section 377, and voluntary participation in the operation of a pirate ship under section 65(4)(b), both proved beyond reasonable doubt by circumstantial evidence and the conduct of the accused.

Citation
[2011] SCSC 74
Parties
Prosecution: Republic; Accused: Houssein Mohammed Osman; Accused: Nadir Mousse Dhera; Accused: Addijabar Abdillahi Elmi; Accused: Mohammed Abdi Dirieh; Accused: Said Mohammed Hassan Ali; Accused: Yousouf Mohamoud Halane; Accused: Sadam Houssein Hassanof; Accused: Abdaziz Mohamoud Ali; Accused: Maalin Daoud Olad; Accused: Abdi Mouhaumad Goure Ali; Accused: Nour Mohammed Chaban
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 October 2011
Case Number
CO 19/2011
Procedural Posture
Criminal / Judgment
Outcome
conviction on counts two and three, acquittal on count one
Legal Topics
Piracy, Attempt to Commit Piracy, Common Intention, Universal Jurisdiction
Source Language
English
Criminal Law International Law Piracy Attempt to Commit Piracy Common Intention Universal Jurisdiction

Case Brief

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Parties

Republic

Prosecution

Houssein Mohammed Osman

Accused

Nadir Mousse Dhera

Accused

Addijabar Abdillahi Elmi

Accused

Mohammed Abdi Dirieh

Accused

Said Mohammed Hassan Ali

Accused

Yousouf Mohamoud Halane

Accused

Sadam Houssein Hassanof

Accused

Abdaziz Mohamoud Ali

Accused

Maalin Daoud Olad

Accused

Abdi Mouhaumad Goure Ali

Accused

Nour Mohammed Chaban

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed piracy under section 65 of the Penal Code
  2. 2 Whether the accused attempted to commit piracy under sections 377 and 65 of the Penal Code
  3. 3 Whether the accused voluntarily participated in the operation of a pirate ship with knowledge of its status

Ratio Decidendi

The court found that while there was insufficient evidence of overt acts of violence or depredation directed at the Draco to sustain a conviction for piracy under section 65(4)(a), the conduct of the accused constituted an attempt to commit piracy under section 377, and voluntary participation in the operation of a pirate ship under section 65(4)(b), both proved beyond reasonable doubt by circumstantial evidence and the conduct of the accused.

Court Disposition

conviction on counts two and three, acquittal on count one

Orders

  • Each accused found guilty and convicted on counts two and three (voluntary participation in operation of a pirate ship and attempt to commit piracy)
  • Each accused acquitted on count one (piracy)