The accused was convicted of hunting protected game without a licence contrary to section 14 of the Fauna Conservation Act (Cap. 38:01) (1973 Rev.). The prosecution case was that a police constable told the accused that he suspected him of unlawful hunting. The accused took the constable and a game scout to a hunting area where he pointed to two elephant skulls. The constable testified that the accused gave him a rifle with five rounds of ammunition. The trial magistrate informed the accused that he could make an unsworn statement, whereby the prosecution would not have the opportunity to cross-examine him, but cautioned that such evidence carried no weight. The magistrate commented that he could not understand how the constable could have reached the scene of the crime if he was not taken there by the person responsible. The judge set aside conviction and sentence and the order forfeiting the rifle and ammunition and ordered that the fine, if paid, be refunded to the accused and that the rifle and ammunition be returned to him provided he had a valid licence for the same. Although evidence of pointing out was now permissible by virtue of section 228(2) of the Criminal Procedure and Evidence Act (Cap. 08:02) (1973 Rev.) there must be some evidence that a crime was committed and that the accused committed it before he could be convicted. In this case there was simply no evidence of a crime having been committed by the accused.