Masilompane v The State

Country
Court
Seat of court
Francistown
Court jurisdiction
Date of opinion
1997
Abstract

The 6 appellants were convicted, in a magistate court, of unlawful possession of and dealing in elephant ivory and skin and leopard skin in contravention of the Wildlife and National Parks 28 of 1992. They were sentenced to various terms of imprisonment and fines: 5 years’ imprisonment, with 2 years conditionally suspended; 3 years’ imprisonment, with 2 years conditionally suspended; 10 years’ imprisonment plus a fine of P50 000.00. The accused appealled to the High Court against these convictions and sentences. The High Court allowed the appeals in toto, and set aside the convictions and sentences. It also ordered the forfeiture of the government trophies and the release of the motor vehicle used to commit the offence.

Language of document
English
Reference number
1997 BLR 1201 (HC)
Money value
Four elephant ivory - P26 650.00; Elephant tail and hairs - P60; One leopard skin - P700
Transnational
No
Decision
The appeal of each appellant was allowed in toto. The convictions and sentences imposed by the court a quo were set aside. The court a quo's order to forfeit the government trophies and release of the motor vehicle to the owner were confirmed.
Appealed
No