High Court Corruption and Economic Crimes Division - 2020 August

3 judgments
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3 judgments
Citation
Judgment date
August 2020
Prosecution proved unlawful possession of an elephant tusk; chain of custody intact and accused convicted, fined or imprisoned.
Wildlife offences — unlawful possession of government trophy (elephant tusk); admissibility and weight of certificate of seizure; chain of custody and exhibit integrity; statutory notice/particulars for alibi; effect of failure to cross-examine and afterthought defences; forfeiture and sentencing under Wildlife Conservation Act and Economic and Organized Crime Control Act.
18 August 2020
Court convicted two accused for unlawful possession of three elephant tusks; chain of custody held unbroken.
Wildlife offences – unlawful possession of government trophies (elephant tusks) Possession – actual and constructive possession principles applied Evidence – validity of on-scene seizure and signed seizure certificate Chain of custody – documentary and oral proof sufficient despite minor inconsistency Sentencing – heavy statutory penalties; forfeiture of exhibits under Wildlife Conservation Act
17 August 2020
6 August 2020