Country
Court
Type of court
Seat of court
Oshakati
Court jurisdiction
Date of opinion
2012
Abstract
Accused were caught skinning an oryx and being in possession of oryx meat. The accused were charged with hunting oryx (protected game) without a special permit. The accused were convicted of having contravened section 26(1) of Ordinance 4 of 1975 (hunting of specially protected game). The decision was appealed as the magistrate was thought to have erred on whether the oryx qualified as protected game.
Language of document
English
Reference number
[2012] NAHC 109
Species
Transnational
No
Decision
The Judge held that oryx was in fact not specially protected game but rather huntable game as per Ordinance 4 of 1975. The elements of the two offences of hunting specially protected game and huntable game are materially different and thus, the Court could not convict the accused of the offence proven in court. Thus, the conviction and sentence were set aside.
Appealed
Yes
Penalty
Penalty Imprisonment: None Fine: None Community service: None Probation: None Other: None Effect of penalty Suspended: N/A Backdated:N/A
Legislation cited
Nature Conservation Ordinance, No. 4 of 1975
Text and analysis