That on 17th April, 2008 at Masage village within Mpanda District in Rukwa region the accused person was arraigned and found in unlawful possession of government trophies. Also was found with unlawful possession of firearm. A charge was brought before the court for accused person to answer. The accused was convicted.
On 17th April, 2008 at Rukwa Lukwati Forest Reserve within Mpanda District the accused person was arraigned and found in unlawful possession of government trophies. Then brought before the court to answer a charge. The accused was convicted.
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.
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.
On the 13 May 2012 elements of the conservation service of Campo’o Ma’an National park organized a control mission in the village of Niété 5. Upon arriving the Forest Management Unit, the accused persons took to their heels abandoning 17 ammunitions, a gas pipe, a torch light, 15 Blue Duikers, 02 Bay Duikers, and 8 Gambia Rats.
On the 27 April 2009, during a routine control at a checkpoint on the Djoum-Mintom road, the Djoum Forestry and Wildlife Control Post agents arrested NNA MINTYA Alain & NSEE Leonard flagrante delicto. They were transporting, three (3) blue Duiker, Bay Duiker parts, two (2) Black-Casqued Wattled Hornbill and two (2) monkeys.
On 17 – 18 June 2016 at Bucklands Farm, in the district of Albany, in the course of which a white rhino known as Cambell, belonging to one Ian Steward, was darted with a tranquilizer gun and its horn removed, resulting in the death of the rhino. The police were working on Operation Full Moon as Rhino poaching was rife.
The appellants were convicted own their pleas of conspiring to commit an offence of illegal hunting of a rhinoceros, and unlawful possession of a firearm and ammunition in the magistrate court. They were sentenced to 5 years imprisonment each for count 1 and 4 years imprisonment each for count 3.
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.