The State Attorney and the Ministry of Forestry and Wildlife vs HAMADJODA YAYA

Country
Territorial subdivision
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2017
Abstract

In 2016, HAMADJODA YAYA was arrested in the East region in possession of carcasses of protected animal species of classes B & C without a certificate of origin. He was prosecuted and sentenced. But dissatisfied with this decision, the Ministry of Forestry and Wildlife made an appeal for the penalty to be more rigid and for the amount of civils damages to be increased. But the judges of the East Court of Appeal simply judged the demand related to the increase in civil damages, invoking article 456 of the Criminal Procedure Code which stipulates that when the appeal is brought by the civil party alone, the Court of Appeal can only rule on damages.

Language of document
French
Reference number
No. 063/COR
Charges
Illegal killing of protected animal species of classes B & C, illegal detention and circulation of carcasses of protected animal species within the national territory without a certificate of origin.
Transnational
No
Decision
HAMADJODA YAYA was confirmed guilty of the illegal killing of protected animal species of classes B & C, illegal detention and circulation of carcasses of protected animal species within the national territory without a certificate of origin. The court of Appeal sentenced the accused to higher civil damages than that awarded at the lower court in accordance to legal procedures.
Appealed
No
Penalty
HAMADJODA YAYA was sentenced to pay 1000 XAF for fines, 71,000XAF for costs and 2,223,000XAF as civil damages to the State of Cameroon represented by the Ministry of Forestry and Wildlife
Legislation cited
Penal Code, sec. 74
Law No 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations, secs. 98, 101, 155