WILDLEX

The accused had been found in possession of a firearm without a license in contravention of the National Parks and Wildlife Act, (Cap. 316) s. 145 (1) and the Firearms Act, (Cap.111) s. 54 (2) and with the intention of hunting game illegally.

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.

Dismissed appeal for lack of Merit- An appeal by the Appellant namely Pagainst the conviction on his own admission by the Magistrate of the Subordinate Court of the first class sitting on grounds that the charge did not disclose the full ingredients of the offence and that the plea of guilt being enter by the accused was equivocal and improper.

This is an Appeal against the Ruling of the High Court, dated the 12th of May, 2008 where the trial Judge refused the Appellant’s application for leave to apply for Judicial Review.

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.

This is an appeal against conviction which came before this High Court on 2 December 2008. On count 1, the court reasoned that Section 109 is a criminal provision, thus s 109 is concerned with a threat of physical injury to a public servant.

The appellants were convicted on a single count of the offence of hunting 2 duikers and 2 steenboks, without a licence contrary to Section 19(3) of the Wildlife Conservation and National Parks Act, 28 of 1992. The appellants, during their trial, elected not to lead evidence, alternatively to call any witnesses.

Accused was convicted of unlawfully hunting without a licence contrary to section 15 (1) of Cap. 38:01 Fauna Conservation. His defence was that he was under the impression that he was entitled to hunt and kill on the licences of other members of the party.

The accused were charged with hunting in a game reserve, in contravention of the Fauna Conservation Proclamation, 1961; alternatively, that they were hunting without a licence or permit. In their defence, the accused argued that they did not know they were hunting in a game reserve, and that they had the licences necessary to hunt the zebra.

The accused was arraigned before the Principal Magistrate of Gaborone on a summons charging him with being found in possession of ivories without certificate of ownership.