Republic v Dalage [2020] SCSC 294 (1 June 2020)

Republic v Dalage [2020] SCSC 294 (1 June 2020)

Given the accused's guilty plea, remorse, health, means, and the disproportionate statutory minimum fine, the court imposed a reduced fine and ordered forfeiture of the vessel and gear, with the fine to be levied from the sale of seized assets.

Citation
[2020] SCSC 294
Parties
Prosecution: The Republic; Accused: Lasantha Kumara Silva Diwa Dalage
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 June 2020
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Illegal Fishing, Foreign Vessel Licensing, Sentencing, Forfeiture
Source Language
English
Criminal Law Fisheries Law Illegal Fishing Foreign Vessel Licensing Sentencing Forfeiture

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Republic

Prosecution

Lasantha Kumara Silva Diwa Dalage

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused used a foreign fishing vessel without a licence in Seychelles waters
  2. 2 Appropriate sentence for fishing without a foreign vessel licence

Ratio Decidendi

Given the accused's guilty plea, remorse, health, means, and the disproportionate statutory minimum fine, the court imposed a reduced fine and ordered forfeiture of the vessel and gear, with the fine to be levied from the sale of seized assets.

Court Disposition

convicted and sentenced

Orders

  • The accused is fined SCR 1,000.
  • The vessel and all fishing gear found therein are forfeited to the Republic of Seychelles.