State v Putter and Putter

Country
Court
Date of opinion
1974
Abstract

The two Accused had been convicted of unlawfully hunting game. The value of weapons and vehicle used in the commission of the offence exceeded the civil jurisdiction of a Subordinate Court, which accordingly referred the question of forfeiture of these articles to the High Court. The District Commissioner who convicted the Accused in the Subordinate Court was no longer available. The Accused, who were residents of South Africa, had been given notice to show cause before the High Court why the articles should not be declared forfeit to the State, but they did not appear to do so. The Court held that the value of the articles seized was not relevant to the question of forfeiture and the question of forfeiture should not therefore have been referred to the High Court. But as the judicial officer was no longer available the High Court's revisional powers conferred by Section 78 of Cap. 5 were sufficient to enable the High Court to deal with the matter. One of the objects of forfeiture was to inhibit the commission of a further offence with the seized articles and in the circumstances of this case no grounds existed for the exercise of the Court's discretion in favour of forfeiture. But in view of the failure of the Accused to take any practical steps to recover their property the Court declined to make any special order under Section 317 (1) of the Criminal Procedure and Evidence Proclamation. If therefore the Accused should fail within 3 months to apply to the Court for the return of the articles they would vest in the State.

Language of document
English
Reference number
1974 (2) BLR 57 (HC)
Charges
(1) Hunting game without a permit contrary to Section 15 of the Fauna Proclamation, and (2) Using an unlawful method of hunting contrary to Section 56 of the Proclamation.
Species
Money value
Property to be seized valued at R 127 000
Transnational
Yes
Decision
The Judge considered it extremely unlikely that the accused will ever return to Botswana and make use of the rifles and Land Rover, if they are restored to them, to commit further infringements of the Fauna Conservation Proclamation. Thus, the Judge found no grounds existed for the exercise of his discretion in favour of the forfeiture.
Appealed
No
Penalty
Fine: R 20000
Court cases cited
re Moodley, 1962 1 S.A. 842
R. vs. Swanepoel and Van Wyk 1930 TPP 214
Legislation cited
Criminal Procedure and Evidence Proclamation Cap. 18
Fauna Proclamation
Subordinate Courts Proclamation Cap. 5 (as amended by Section 10 of Act 43 of 1969)
Criminal Procedure Act, 1955 of the Republic of South Africa