Selerin Mfiringe v. R., Crim. App. 317-D-69, 6/10/69, Hamlyn J.

Selerin Mfiringe v. R., Crim. App. 317-D-69, 6/10/69, Hamlyn J.

The appellant was convinced of an offence of hunting animals in a game controlled area without the written permission of the game warden, contrary to section 11(1) (a) of the Fauna Conservation Ordinance, Cap. 302. The appellant shot an elephant at a small village named Lumumwe 1969, which is in the area known as Utengule in the Ulanga district. It is not disputed that the appellant held a form of permission signed by the Game Warden permitting him to shoot elephant and hippopotamus in “Utengule and Masagati”, and that this permit he duly endorsed stating that he had shot one bull elephant. The conviction by the lower court turns on the question as to whether the village of Lumumwe (which is in the Utengule area) is which a game controlled area.

Held: (1) “For the defence, the appellant gave evidence himself. He informed the court that the permit which he obtained gave him permission to hunt game at Utengule and Masangati and he states that Lumumwe is in the Utengule area; he has been a game scout for some eight years and visited the area in 19657. the appellant is clearly not a person who has willfully violated the game law (if indeed any violation has been proved) but any act which he performed, I am satisfied, was done in complete innocence. That however is not a question in this appeal, for I view the matter as on of complete prohibition and no question of mens rea affects the issue.” (2) There is insufficient evidence as to whether or not the village of Lumumwe was in a game-controlled area. (3) Conviction quashed.