Maghori and Another v The State

Country
Court
Seat of court
Lobatse
Court jurisdiction
Date of opinion
1983
Abstract

The accused were charged and convicted of contravening section 15 (1) of the Fauna Conservation Act. The first appellant killed three kudus whereas his licence only permitted him to hunt for two springboks. On trial the first appellant alleged that when he shot and killed the game he could not tell the difference between a springbok and an impala. He thought they were impalas for which he had a licence. The trial magistrate found the defence by the first defendant unconvincing so it was rejected and he was accordingly convicted. The second appellant’s offence was that he was riding in the vehicle with the first appellant which was carrying the carcasses of the game therefore he was also guilty of the same offence committed by the first appellant in as much as he was not involved in the actual killing of the animals. The court held that the first appellant had contravened section 15 (1) of the Act but however the second appellant could not be charged based on the doctrine of strict liablity as the provisions only applied to the person who would have hunted and not any other person in the company of the hunter.

Language of document
English
Reference number
1983 BLR 44 (HC)
Species
Transnational
No
Decision
The Appeal Court dismissed the appeal and decided that the trial magistrate had correctly convicted the first appellant as he had indeed hunted for game that was not stipulated in his licence. With regards the second appellant, the court upheld the appeal and came to the conclusion that strict liablity is only imposed on the actual person who hunts and not the other partner as he or she might not be privy to what the contents of the licence are.
Appealed
Yes
Legislation cited
Fauna Conservation Act (Chapter 38:01)