Database of Wildlife Related Law
All three appellants have appealed against their convictions. There is no appeal against the sentences, because of the mandatory provisions of the legislation in casu. The representative of the Crown conceded Accused No. 5's appeal, due to the unsatisfactory nature of the evidence against him, specifically. Since Accused No.
This is an appeal against a sentence. The appellant was charged with two counts:
1. Failing to declare the possession of 12 rhinoceros horns, contravening section 15(15)(b) read with section 1, 81, 87(1), and 95 of the Customs and Exice Act, No. 91 of 1964.
From July to August 2017, Jianhuo C. hired Jianfa C to process and polish a batch of ivory beads at a price of 0.5 yuan each; from July to August 2018, Jianhuo C. handed over two bags of ivory beads to Jianfa C. for processing and polishing. After identification, the net weight of ivory products was 0.733kg, valued at 21541 yuan.
On July 25, 2018, Zebiao K. was arrested by public security personnel while carrying a brown hornbill in the corridor for sale. Subsequently, in the 703 room, the public security personnel seized a living brown hornbill and 14 dead bodies of other wild animals that Zebiao K. purchased from criminals and waited to be sold.
On April 4, 2018, the defendant Cheng F. was carrying a suspected rhino horn and was going to take a flight from Mangshi to Kunming, where he was found at the security checkpoint of Mangshi Airport. After weighing, the net weight of the suspected rhino horn seized was 0.016 kg.
In March 2017, Zhanxing N. and his daughter Yan N. went to Yanjiao Town to meet with Lianji W. (separate case) and her boyfriend defendant Taihao J., and bought one rhino horn for RMB 210,000. In late March of the same year, Zhanxing N. and Yan N. sold the rhino horn to Guosheng F. and Shijie J. at a price of RMB 230,000.
On March 12, 2019, the police of the Criminal Investigation Brigade of the Yingjiang County Public Security Bureau arrested the defendant Jin in her home in Yingjiang County, and on the spot seized a suspected red deer antler (with a bone), 2 suspected rhino horn, 7 suspected wild animal nails, and so on.
On April 4, 2018, the defendant Cheng F. was carrying a suspected rhino horn and was going to take a flight from Mangshi to Kunming, where he was found at the security checkpoint of Mangshi Airport. After weighing, the net weight of the suspected rhino horn seized was 0.016 kg.
In October 2018, the appellant Chunhui Z. asked the defendants Tao L. and Jun Z. to travel to the Republic of South Africa to smuggle prohibited items to China according to his agreement with Lu, and Chunhui Z. himself stayed in China and was ready to respond. After arriving in South Africa, under the arrangement of Lu, Tao L.
The defendants Weidong C., Fulong, P., Qiyi L., Zhigang Z. were hired by the Vietnamese "Amou 1" to smuggle in endangered animal products purchased by Dingqin W and ship them to Guangdong. On the morning of June 17, 2018, Fulong, P. hired a van to deliver 10 smuggled rhino horns to Zhigang Z. The next day, Zhigang Z.
