R v Wehliye & Ors (CO 28/2019) [2020] SCSC 671 (22 December 2020)

R v Wehliye & Ors (CO 28/2019) [2020] SCSC 671 (22 December 2020)

The prosecution established a prima facie case against the accused on all counts based on the evidence adduced, including circumstantial and identification evidence. The alleged defects in the charge and lack of direct identification do not warrant upholding the submission of no case to answer at this stage. The...

Source-derived case information.

Citation
[2020] SCSC 671
Parties
Prosecution: Republic; Accused: Mohamed Daahir Wehliye; Accused: Fesyal Mahamoud Mahamed; Accused: Abdoulkader Ahmed Faram; Accused: Abdikader Mohmmed Farah; Accused: Ahmed Mohamed Ali
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 December 2020
Case Number
CO 28/2019
Procedural Posture
Criminal / Ruling on No Case to Answer at Close of Prosecution Case
Outcome
Submission of no case to answer dismissed; accused called to make their defence.
Legal Topics
Piracy, Criminal Procedure, Elements of Offence, Identification Evidence, Defective Charge
Source Language
english
Criminal Law Piracy Criminal Procedure Elements of Offence Identification Evidence Defective Charge

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Parties

Republic

Prosecution

Mohamed Daahir Wehliye

Accused

Fesyal Mahamoud Mahamed

Accused

Abdoulkader Ahmed Faram

Accused

Abdikader Mohmmed Farah

Accused

Ahmed Mohamed Ali

Accused

Procedural Posture

Criminal / Ruling on No Case to Answer at Close of Prosecution Case

Legal Issues

  1. 1 Whether failure to include 'common intention' in the particulars of offence renders the charges defective and fatal
  2. 2 Whether there is sufficient evidence to establish a prima facie case of piracy against the accused on all counts
  3. 3 Whether lack of direct identification evidence is fatal to the prosecution's case

Ratio Decidendi

The prosecution established a prima facie case against the accused on all counts based on the evidence adduced, including circumstantial and identification evidence. The alleged defects in the charge and lack of direct identification do not warrant upholding the submission of no case to answer at this stage. The accused are called upon to make their defence.

Court Disposition

Submission of no case to answer dismissed; accused called to make their defence.

Orders

  • Accused persons are called upon to make their defence on all three counts.