De Graaf and Another v The State

Country
Court
Seat of court
Lobatse
Court jurisdiction
Date of opinion
1985
Abstract

This was an appeal against the decision of the Chief Magistrate that convicted and sentenced the appellants of a series of offences arising out of killing wild animals. The appellants also sought to vary the forfeiture order against the rifles and vehicle that were found to have been used in the commission of the offences. The appellants argued that the chief magistrate misconstrued the evidence in holding that the appellants were guilty as principal offenders and for issuing the forfeiture orders. The court noted that appellate courts should vary decisions of trial courts only when a trial court had misdirected itself on a fact or point of law. It was further noted that the Chief Magistrate had the advantages of hearing and assessing the witnesses and made a very careful study of the evidence. However, the trial court failed to establish with any exactitude that the exhibited rifles were the ones that had been used in the commission of the offence, the order of forfeiture in respect of the firearms had to be set aside.

Language of document
English
Reference number
1986 BLR 19 (HC)
Species
Buffalo, Hyena, Lion
Transnational
No
Decision
The court dismissed the appeal on the conviction and sentences and varied the forfeiture order with respect to the fire arms.
Appealed
Yes
Penalty
Imprisonment: six months' imprisonment in default of the fine on each of the counts upon which they were convicted and six months’ imprisonment for count 10 Fine: P150 except for count 10 which was a fine of P600 Suspended: For count 10 six months' imprisonment conditionally suspended for three years.
Court cases cited
R v Dhlumayo and Another 1948 (2) S.A.
Legislation cited
Wildlife Conservation and National Parks Act (Cap. 38:01)