Country
Court
Type of court
Seat of court
Lusaka
Court jurisdiction
Date of opinion
1980
Abstract
A licensed hunter instructed his servant to kill an elephant, and left the servant in charge of the trophy. The Court held that this did not make the servant guilty of being in the possession of a trophy without a licence.
Language of document
English
Reference number
[1980] ZMSC 28
Charges
Possession of a firearm and ammunition without licence contrary to s. 10(2)(a) of the Firearms Act, (Cap.111) Unlawful possession of Government trophy contrary to s. 111(1) and 142 of the National Parks and Wildlife Act, (Cap. 316). PW 2
Species
Transnational
No
Decision
A person carrying a firearm or ammunition belonging to another person who holds a firearm licence in respect thereof may have in his possession that firearm or ammunition under instructions from and for the use of that other person for sporting purposes only without himself holding a firearm licence. A licensed hunter may leave a servant in charge of trophy, especially that of an elephant which is too heavy to deal with immediately, and go about business elsewhere without the servant's being guilty of the offence of being in possession of trophy without a licence.
Appealed
Yes
Penalty
Penalty Imprisonment:N/A Fine:K300 Community service:N/A Probation:N/A Other:N/A Effect of penalty Suspended:N/A Backdated:N/A
Legislation cited
National Parks and Wildlife Act, Cap. 316 ss.111(1); 142; 145(1)
Firearms Act, Cap. 111 ss. 11(4); 10(2)(a)
Supreme Court Act, No. 41 of 1973, s. 15(1); 30