Database of Wildlife Related Law
The two accused men were charged for contravening section 27(1) read with subsections 1, 27(2), 85, 87 and 89 (A) of the Nature Conservation Ordinance 4 of 1975, as amended further read with subsections 90 and 250 of 51 of 1977.
This was a case of review where the judge questioned whether a proper sentence was imposed for accused 1 for count 1.
The Magistrate Court commenced trial without the accused persons having pleaded to the charges. The Magistrate referred the matter for special review before sentencing of the accused persons. Court found that it had jurisdiction in terms of section 20(1)(c) of the High Court Act 16 of 1990 to review the proceedings of a Magistrate’s Court.
The court considered a review of the court below’s finding relating to the accused’s charge. The accused was charged and convicted of contravening s 30 (1) of Ordinance 4 of 1975 for unlawfully hunting huntable game. The accused was found in possession of a shotgun, which he had used in the commission of the offence.
The appellant was charged with hunting of specially protected game and arrested. They applied for bail and the magistrate declined the application until the investigations were finalised. The court mero motu raised the issue whether the matter was appealable given the apparent hybrid nature of the order given.
The applicant filed an application on review seeking an order that would set aside the acquittal of the respondent. This court then focused on the interpretation of the phrase ’irregularity in the proceedings’. The court referred to several precedents that had stated that a mistake in law was not per se an irregularity.
The appellant in this matter was found in possession of raw Ivory and sentenced. Which it seems, he claimed he was not involved with. He was charged with contravening section 2(1)(a), read with s. 1 of Proclamation AG 42 of 1980 (as amended). And found guilty.
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.
