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Citation
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Judgment date
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| December 2019 |
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Prosecution failed to prove possession where seizure documentation and witness accounts were inconsistent, leading to acquittal.
Wildlife offences – unlawful possession of government trophy – proof of possession and seizure – certificate of seizure authenticity – chain of custody – witness credibility – burden of proof and shifting onus under s.100(3)(a) WCA.
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13 December 2019 |
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Prosecution proved unlawful possession of elephant tusks; accused failed to prove lawful possession or valid alibi.
Wildlife offences — unlawful possession of government trophy — identification and valuation of elephant tusks — burden under s.100 WCA to prove lawful possession — chain of custody and validity of seizure/handing-over certificates — alibi under s.42 EOCCA.
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13 December 2019 |
| November 2019 |
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19 November 2019 |
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Accused convicted for unlawful possession of giraffe parts: identity, custody and statutory coverage of "trophy" proved.
* Wildlife Conservation Act – unlawful possession of government trophy – seizure of giraffe head and two legs from accused; identification by park rangers.
* Chain of custody – seizure, handing-over, refrigeration, valuation and inventory adequately recorded; no break shown.
* Statutory interpretation – "trophy" and "animal" definitions and Part III of First Schedule cover giraffe despite absence from specific schedule listings.
* Defence credibility – alibi and alleged coercion to sign documents found inconsistent and unmeritorious.
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8 November 2019 |
| October 2019 |
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Court found search lawful and chain of custody intact, lab confirmed heroin, but prosecution failed to tender the actual seized packets.
* Criminal procedure – Search and seizure – presence of occupier and independent witness – certificate of seizure compliance; * Evidence – Chain of custody – proof by oral testimony of officers handling exhibits; * Narcotics – Laboratory confirmation of heroin hydrochloride – necessity to tender original seized packets/envelopes; * Burden of proof – prosecution required to produce exhibits to prove possession beyond reasonable doubt.
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31 October 2019 |
| July 2019 |
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First accused convicted for mirungi trafficking on physical and forensic evidence; caution statement excluded; second accused acquitted.
Drugs — Trafficking (mirungi) — Proof beyond reasonable doubt; Chain of custody and forensic analysis; Certificate of seizure — independent witness and receipt requirements; Admissibility of cautioned statement — detention beyond 48 hours and alteration of interview times; Acquittal for lack of evidence.
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4 July 2019 |
| June 2019 |
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Whether seizure, identification and valuation proved unlawful possession and dealing in government trophies; confession rejected as unreliable.
Wildlife offences – unlawful possession and dealing in government trophies; seizure and identification of tusks and molars; admissibility and reliability of caution statements; trophy valuation certificate as prima facie evidence under Wildlife Conservation Act; sufficiency of evidence to convict versus acquittal for lack of proof.
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28 June 2019 |