Country
Territorial subdivision
Court
Type of court
Seat of court
Bertoua
Date of opinion
2019
Abstract
In 2018, the accused persons NDOUM France Willy, NAMOUDOU Jean Pierre & MINDOUM Achille were arrested and prosecuted before the Military Court for the illegal detention of trophies of protected animal species (Elephant) and war arms (kalachnikov) and 48 ammunitions. Upon trial, they were declared guilty as charged and sentenced to suspended imprisonment terms of six (6) months within three (3) years each and to pay 204,900 XAF for fines and costs jointly after they benefited from mitigating circumstances for their confessions. The State Attorney filed an appeal against the said judgement for a review of the penitentiary sentence as it was not deterrent enough and violated section 91 of the Penal Code.
Language of document
French
Reference number
No. 02/MIL
Charges
Complicity in the illegal killing of totally protected animal species ( Elephant), illegal detention of war arms and ammunitions and default of National Identity Card.
Species
Transnational
No
Decision
The appeal court admitted the appeal of the State attorney and increased the imprisonment terms awarded to the accused persons, resentencing them anew.
Appealed
No
Penalty
NDOUM France Willy, NAMOUDOU Jean Pierre & MINDOUM Achille were sentenced to imprisonment fixed terms of three (3) years each, to pay 500.000 XAF each for fines and 75.234 XAF for costs.
Legislation cited
Law No. 2006/015 of 14 december 2006 to lay down arms and ammunitions general regulations, secs. 3, 51
Law No. 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulation, secs. 98, 101, 158
Penal Code, secs. 74, 91, 96