Republic v Ali & Ors (CO 14/2010) [2010] SCSC 99 (3 November 2010)

Republic v Ali & Ors (CO 14/2010) [2010] SCSC 99 (3 November 2010)

The accused, acting with common intention, attempted to seize the Intertuna II by violence or putting those in possession of the ship in fear, as evidenced by their armed approach, possession of weapons and ladders, and repeated attempts to board despite warning shots. The acts constituted a frustrated attempt at piracy jure gentium for private ends, and the court had universal jurisdiction to try the offence. The prosecution proved all elements of the charge beyond reasonable doubt.

Citation
[2010] SCSC 99
Parties
Prosecution: Republic; Accused: Abid Ali; Accused: Oman Hali Omar; Accused: Ahmed Hussein; Accused: Ahmed Abdi; Accused: Aziiz Aziz Abdi; Accused: Mohamed Abdi Farah; Accused: Mohmed Momud; Accused: Hasom Ibrahim; Accused: Mohamed Abdigani Noor; Accused: Ahmed Mohamed Ismail; Accused: Said Abdisamad
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 November 2010
Case Number
CO 14/2010
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Piracy, Attempt, Universal Jurisdiction, Criminal Procedure, Evidence
Source Language
English
Criminal Law International Law Piracy Attempt Universal Jurisdiction Criminal Procedure Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Prosecution

Abid Ali

Accused

Oman Hali Omar

Accused

Ahmed Hussein

Accused

Ahmed Abdi

Accused

Aziiz Aziz Abdi

Accused

Mohamed Abdi Farah

Accused

Mohmed Momud

Accused

Hasom Ibrahim

Accused

Mohamed Abdigani Noor

Accused

Ahmed Mohamed Ismail

Accused

Said Abdisamad

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused attempted to commit piracy under section 65 and section 377 of the Penal Code read with section 23 of the Penal Code
  2. 2 Whether the court has jurisdiction to try the offence of piracy jure gentium committed on the high seas
  3. 3 Whether the prosecution proved the elements of attempt, common intention, and acts for private ends

Ratio Decidendi

The accused, acting with common intention, attempted to seize the Intertuna II by violence or putting those in possession of the ship in fear, as evidenced by their armed approach, possession of weapons and ladders, and repeated attempts to board despite warning shots. The acts constituted a frustrated attempt at piracy jure gentium for private ends, and the court had universal jurisdiction to try the offence. The prosecution proved all elements of the charge beyond reasonable doubt.

Court Disposition

conviction

Orders

  • All accused found guilty as charged and convicted of piracy contrary to section 65 and section 377 of the Penal Code read with section 23 of the Penal Code.