WILDLEX

The appellant was convicted of 22 offences of unlawfully importing or dealing with animals and birds of endangered species. The appellant was concerned in importing 23 birds of prey in two suit cases.

On 28 November 2000 a consignment arrived at Heathrow from the Cameroons on a Swissair flight via Zurich. The consignor was Mrs Monie and the consignee and importer the appellant. The consignment contained for the most part frozen cassava leaves and indeed that was how the accompanying documents described it.

The applicant sought bail pleading exceptional circumstances: his severe medical condition; he was elderly (51 years) and that he was a first-time offender.

This is an appeal case based on arguments that the sentence of imprisonment is excessive when the magistrate could have imposed a fine and that the order for forfeiture was wrong.

The court held that, the fine imposed was the maximum according to section 110 (b) of the Act which provides for penalties. The court held that, there is no explanation why the magistrate imposed the maximum fine for an accused who pleaded guilty and was a first offender.

This was an appeal on the decision of the Chief Magistrate that found the appellant guilty of possession of four pieces of raw ivory and two hippo teeth without a permit or licence.