Country
Court
Type of court
Court jurisdiction
Date of opinion
1988
Abstract
The appellants, all first offenders, were charged with hunting elephant and rhinoceros. They were charged on the 31 October 1986 for selling two pairs of rhinoceros horns without permit. They were convicted on prohibited dealing in trophies and sentenced to three years imprisonment based on the section they were charged under. They appealed to the High Court; their sentence of imprisonment was upheld. They appealed their sentence arguing that they should have been charged under the appropriate section that allows the imposition of a fine as an alternative to imprisonment. Their appeals were granted and subsequently their imprisonment sentences were set aside instead a fine was imposed.
Language of document
English
Reference number
[1988 -1989] Z. R 108
Charges
The appellants, all first offenders, were charged with hunting elephant and rhinoceros. They were charged on the 31 October 1986 for selling two pairs of rhinoceros horns without permit.
Species
Transnational
No
Decision
The appeals were allowed and their sentences were set aside. A fine of an amount of K1, 000.00 each appellant.
Appealed
Yes
Penalty
Imprisonment: Fine: An amount of K1, 000.00 each appellant Community service: Probation: Other: Effect of penalty Suspended: Backdated:
Court cases cited
Musonda v The People (1976) Z.R. 215
Legislation cited
National Parks and Wildlife Act