High Court Corruption and Economic Crimes Division - 2020 May

3 judgments
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3 judgments
Citation
Judgment date
May 2020
Perishable trophy disposed without proper procedure or accused present; prosecution failed to prove offences beyond reasonable doubt.
Wildlife law – unlawful hunting and possession of government trophy; perishable exhibits – disposal procedure under WCA s.101, EOCCA s.23 and PGO No.229 para.25; accused’s right to be present and heard before disposal; burden of proof in criminal trials; alibi notice requirements under EOCCA s.42.
11 May 2020
Prosecution failed to prove hunting or unlawful possession where disposal of perishable trophy breached required procedure and evidence was inadequate.
Wildlife Conservation Act – unlawful hunting and unlawful possession of government trophy; perishable exhibits – statutory and procedural safeguards for disposal; requirement that accused be present and heard before disposal order; evidential consequences of failure to seize remains; burden-shifting under WCA regarding licence/permit.
11 May 2020
8 May 2020