The State Attorney and the Ministry of Forestry and Wildlife vs. MATEMBE Jean and ELENGA Giscard Destin

Country
Territorial subdivision
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2019
Abstract

The accused persons, MATEMBE Jean and ELENGA Giscard Destiny were prosecuted before the Court of First Instance, Yokadouma for illegal possession of a 5th category weapon and hunting ammunitions, complicity in killing of class B protected animals in a protected area, illegal immigration and lack of a national identity card. On the 19 October 2018, sentenced was passed. The accused were found guilty as charged and sentenced to six (06) months fixed imprisonment term each and to pay 38,280 XAF for costs. The State Attorney filled an appeal against the judgement for the review of the penitentiary sentence awarded. That the trial court rendered a very weak imprisonment term against the accused persons, without taking into due consideration the severity of the offence committed. That a more severe sentence would serve as a deterrent. Moreover, the trial judge did not fully apply the provisions of the 1994 wildlife law particularly in its section 158(h) which imposes a fine of 3,000,000 to 10,000,000 francs and an imprisonment term of 01 to 03 years or one of these two penalties shall be imposed on the offender guilty of the killing or capture of protected animal species. That the trial judge failed to award any damages to the Ministry of Forestry and Wildlife, the civil party disregarding the prejudice suffered by the state following the loss of these animals. The appeal was admitted and the matter was sent before the court for hearing.

Language of document
French
Reference number
No. 079/COR of 05 November 2019
Charges
Illegal possession of a 5th category weapon and hunting ammunitions, complicity in killing of class B protected animals in a protected area, illegal immigration and lack of a national identity card.
Transnational
Yes
Decision
The Appeal Court maintained the decision of the lower court. It rejected the request for civil damages.
Appealed
No
Penalty
None.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations