Country
Court
Type of court
Seat of court
Chipata
Court jurisdiction
Date of opinion
2012
Abstract
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. The appeal was dismissed for lacking merit.
Language of document
English
Reference number
[2012] ZMHC 62
Charges
1. Count 4: STATEMENT OF OFFENCE: Hunting during hours of darkness Contrary to Section 76 (1)(a)(b) Act 12 of the Laws of Zambia. PARTICULARS OF THE OFFENCE: John Mumba, Patrick Lungu and Joseph Phiri on the 20th day of October 2011 at Petauke jointly and whilst acting together did hunt during the hours of darkness, game animals namely one grysbok and two bush bucks without a licence or permit issued by the Director General of the Zambia Wildlife in respect thereof.” 2. Count 5: STATEMENT OF ACCOUNTS: Unlawful possession of Government trophy Contrary to Section 100 and 135 of the Zambia Wildlife Act 12 of the Laws of Zambia. PARTICULARS OF THE OFFENCE: John Mumba, Patrick Lungu and Joseph Phiri on the 20th day of October 2011 at Petauke jointly and whilst acting together did possess Government trophy namely One carcass of Grysbok meat weighing 7kgs and 2 carcasses of Bush buck meat weighing 38kilogrammes attached to it without certificate of ownership issued by the Director General of the Zambia Wildlife authority in respect thereof licence or permit.” N:B- First three counts got a plea of not guilty and thus unmentioned in the Judgement.
Species
Bushbuck,
Cape grysbok
Transnational
No
Decision
Appeal was dismissed by High Court for lacking merit and as an attempt to misdirect the Court because the statement and particulars of the offence show that the full ingredients of the offence were put forward to the Appellant which he unequivocally pleaded guilty to the two offences.
Appealed
Yes
Penalty
Penalty: Imprisonment with Hard Labour Effect of penalty Appeal dismissed. Penalty continues.
Court cases cited
The People v Kapalu Kanguya (1979) ZR 288
Legislation cited
Zambia Wildlife Act, 1998