Rex v Mcinitype and Others

Court jurisdiction
Date of opinion
2002
Abstract

Accused persons were found guilty of unlawful possession of 2 horns in contravention of the Game Act. The Act prescribes that a person found guilty of the offence must either replace the game or compensate the full value of the property to the owner or government in cases where the owner cannot be established. Failure to do this will lead to an imprisonment of not less than 2 years but not more than 6 years. In the present case, the owner could not be established so the accused were ordered by the court to replace the game (i.e. 2 horns) and deliver them to the government.

Language of document
English
Reference number
[2002] SZHC 21
Money value
E40 000.00 (white rhinocerous)
Transnational
No
Decision
The owner of the property cannot be established. There is no evidence of any loss which as to be made good by replacement or compensation has been demonstrated. The court ordered that three accused to replace the game which the 2 horns and deliver is to the government.
Appealed
No
Penalty
N/A
Legislation cited
Game Act of 1953