Database of Wildlife Related Law
This a criminal appeal against the decision of the magistrate court in terms of which the appellant was convicted of contravening s 17(2) of the Wildlife Conservation and National Parks Act 1992 (No. 28 of 1992) and was sentenced to 8 years imprisonment.
The appellant was convicted for hunting game without a licence contrary to Section 15(1) of the Fauna Conservation Act as amended. The accused went out to hunt a marauding lion together with an assistant, a man named Maitane and a man named Mothero. All men held valid licences to hunt zebra.
The appellant and the other two accused persons were charged and convicted of contravening section 19 (1) and (2) (b) of the Fauna Conservation Act (Cap. 38:01) that is hunting without a licence on seven counts and also contravening section 62 (1) and (3) of the Act being the eighth count of hunting during closed season.
The court held that the accused had been charged and convicted under the wrong section 14(1) and (2)(a) of Cap. 38:01 which prohibits the hunting or capturing of protected game. The court reasoned that a hartebeeste was neither a conserved animal nor protected game under the Second Schedule Part I or Part II.
On August 25, 2014, Shagan, Dangcha, Juji, Kun Y. and Yunbo Y. met in Xishuangbanna National Nature Reserve "Bison Village" for hunting. On the morning of the 26th, the five defendants hunted separately and returned to their place to meet at noon.
From the beginning of December to December 31, 2010, Hejun M. (sentenced), a resident of Heihe City, purchased bear paws in a Russian city, and thanks to Голиков Антон Вадимович he used the ship Snow Leopard to enter and exit the Sino-Russian border port to transport bear paws to Heihe port. Hongjie G.
On the morning of May 3, 2018, Bingxian C. drove the "Shenshe" ship from the Shekou Wharf in Shenzhen. On the ship were Guozhen J., Yuzhen L. and others and a batch of seafood. After arriving at Liufushan Wharf, HongKong, Bingxian C. and Guozhen J.
In July 2017, Chuanjie H. contacted Lian (handled separately) to purchase pangolin scales in Africa and smuggled into the country. On the 20th of the same month, Lian informed Chuanjie H. that he had purchased 1,635 kg of pangolin scales.
Donghua N. and Feng Q. smuggled ivory products with a total value of RMB 4,669,67.42 yuan. Qiongdan Z. smuggled ivory products with a total value of 4,460,661.8 yuan. Junbin C.
From January 2009 to January 2016, in order to reduce operating costs, Dongsheng Ltd. purchased python skins and eggs from Vietnam, Malaysia and other places , and declared low-report prices to Guangxi Pingxiang Customs and Haikou Meilan Airport. From April 2009 to April 2015, Dongsheng Ltd.
