Accused was convicted of unlawfully hunting without a licence contrary to section 15 (1) of Cap. 38:01 Fauna Conservation. His defence was that he was under the impression that he was entitled to hunt and kill on the licences of other members of the party. The Court held that this defence is not one available against the charge but that the bona fide belief might play a consideration in the sentencing.It was held that the lower courts did not seem to consider the question of the bona difes of the appellant and if they had done so a lesser sentence might have been imposed. Thus, the Court dismissed the appeal against the conviction but upheld the appeal against the sentence to the extent of setting aside the sentence of imprisonment and reducing the fine.
Country
Court
Type of court
Court jurisdiction
Date of opinion
1980
Abstract
Language of document
English
Reference number
1979-1980 BLR 11 (CA)
Charges
Unlawfully hunting without a licence contrary to Section 15 (1) of Cap. 38:01 Fauna Conservation
Species
Transnational
No
Decision
The appellant's bona fide belief in a right is not a defence to the charge. It was in effect a mistake of law and whatever the position might be in South Africa (c/f The State vs de Blom 1977 (3) S.A. (A.D.)) it is no defence in Botswana to a charge under the Fauna Conservation Act.
Appealed
Yes
Penalty
Fine: 100 Pula
Court cases cited
The State vs de Blom 1977 (3) S.A. (A.D.)
Legislation cited
Fauna Conservation Act Cap. 38:01