The accused pleaded guilty and were convicted for unlawfully hunting 2 rhino’s and being in possession of rhino horns. The court below considered the seriousness of the crime and the number of rhino’s killed per year and the impact that poaching has on the economy and imposed a sentence of 6 years imprisonment and a N$60 000.00 fine.
The appellant was caught dealing illegally in ivory and charged with contravening section 2(1)(a) of the AG Proclamation 42 of 1980 – the controlled Games Products Proclamation. As a result, he was sentenced to 5 years imprisonment and 18 months of the sentence was suspended.
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.
The accused persons were arrested at Kasumulu while crossing the border from Malawi to Tanzania. During their arrest they were found with unlawful possession of government trophy namely two rhino horns contrary to the penal laws of Tanzania. Thereafter were prosecuted before Kyela District Court.
The appellant met Mr. Muller through his business of an electrical contractor. They became to know each other for more than ten years. During this period, the appellant saw some ivory in Muller's house, which might have encouraged the appellant to offer an illegal ivory deal to Muller.
In November 2004, the defendant Angweng Barong bought a rhino horn from an Indian businessman for 55000 India Rupees. Afterward, he wrapped the rhino horn in white cloth in the secret compartment of a small wooden cabinet (old Tibetan cabinet) and then he paid a local carpenter to board up the cabinet.
On 27 July 2010, at the outbound controls at Heathrow Airport, the appellant presented the UK Border Agency (UKBA) with three CITES re-export permits which had been issued for five rhino horns which he was taking with him in his luggage to Australia.