16) The ‘Statements of offences’ in both counts 1 & 2, referred to at paragraph 2 above, make reference to offences committed under section 65 of the Penal Code and does not make reference to any UN resolutions. As stated earlier section 65 makes reference to offences committed on the high seas or in a place outside the jurisdiction of any state and not offences committed within the territorial waters of Somalia. Further the ‘Particulars of Offences’ in both counts 1 & 2, referred to at paragraph 2 above, make reference to offences committed on the high seas and not in the territorial waters of Somalia. Thus even if the UN Resolutions can be said to be applicable, the Appellants have been convicted of an offence of which, they were not properly charged. In R V Wallwork, 42 Cr. App. R. 153, CCA it was held that there is no necessity to identify in the indictment the place where an offence is alleged to have taken place unless it is material to the charge. Lord Goddard CJ in R V Wallwork in explaining this went on to state: “There are cases……in which it is necessary to indicate a particular place in the indictment, and an illustration [is] the offence of larceny on a ship which was at the time of larceny in a harbour or in a creek or other place of anchorage…..where it would be necessary to show that the theft took place while the ship was in a harbour or some particular creek, and then it would be necessary to mention the name of the harbour or creek……”.Blackstone’s Criminal Practice 2010, D11.38, in reference to Lord Goddard’s statement above states: “The example given in the above passage of instances where the place of offence should be particularized may be anachronistic, but current examples of the same requirement are burglary and dangerous driving. Counts to the former should state the building entered as a trespasser and counts for the latter the roads or other public places where the driving took place. The reason, in both cases, is that, having regard to the definition of offences, the place where the prohibited conduct occurred is an essential ingredient of the crime.” Section 65 makes reference to offences committed only on the high seas or in a place outside the jurisdiction of any state and thus in my view the place of offence is an essential ingredient of the offence of piracy under section 65 of the Penal Code. Article 19(2)(b) of the Constitution states: “Every person who is charged with an offence shall be informed at the time the person is charged or as soon as is reasonably practicable, a language that the person understands and in detail, of the nature of the offence.” Section 114 (f) of the Criminal Procedure Code states that “it shall be sufficient to describe any place,…..which it is necessary to refer in any charge or information in ordinary language, in such a manner as to indicate with reasonable clearness the place,….referred to.” I am of the view that the failure to correctly state the place of offence i.e. even if the UN Resolutions were applicable, as ‘within the territorial waters of Somalia’, was a fatal irregularity that could not be cured under section 344 of the Criminal Procedure Code or under the proviso to rule 31 of the Seychelles Court of Appeal Rules 2005.