Country
Court
Type of court
Seat of court
Francistown
Court jurisdiction
Date of opinion
2005
Abstract
An appeal against the judgement of a Magistrate Court against the accused for excessive conviction for unlawful hunting of rhinos and insufficient evidence to sustain conviction. The appeal was dismissed as lacking merit and the decision of the Magistrate Court affirmed.
Language of document
English
Reference number
[2005] BWHC 94
Charges
That Otimile Monnaamau and another without a license hunted and killed two rhinoceroses between 19 and 23 October 2003 at or near Daunara in the North West Administrative District of Botswana in contravention of s. 17(2) of the Wildlife Conservation and National Parks Act 1992 (No. 28 of 1992) punishable by P100 000 and to imprisonment for 15 years.
Species
Money value
P 400,000
Transnational
No
Decision
The intendment of parliament for drafting the Law was to ensure stiffer sentencing for unlawful hunting of rhinos. The appellant/accused was convicted of hunting or capturing not one but two specially protected animals – rhinoceroses. A sentence of 8 years just above the maximum for hunting other protected game animals is appropriate for the hunting or capturing of one rhinoceros. Where a person is convicted in respect of two rhinoceroses hunted or captured, the penalty should be even more severe. The mitigating features raised by the appellant cannot, outweigh the fact that the appellant committed a most serious offence against a law designed to protect one of the most endangered animal species in the Republic.
Appealed
Yes
Penalty
Imprisonment: 8 years