Govindram Isherdas v. R., Crim. App. 688-M-68, 17/10/68, Bramble J.

Govindram Isherdas v. R., Crim. App. 688-M-68, 17/10/68, Bramble J.

Accused was convicted of hunting a lion in a prohibited area without the written permission of the Minister of Agriculture and Co-operatives c/s 24(3) and 53, Fauna Conservation Ordinance, and was sentenced to 12 months imprisonment.

            Held: “In directing his mind to sentence the trial magistrate noted that the appellant was first offender; that he showed no repentance and that it was the duty of the court to deter the commission of such offences, which were frequent in the district, and detrimental to the country. The circumstances of the offence do not suggest a deliberate attempt to break the law since there were police officers present – unless they were parties to the offence and I do not believe this. It was borne of impatience, sudden temptation and a consequence of recklessness as to the act, after a long period of travel. These circumstances ought to have been considered in determining punishment and I consider this sentence manifestly severe.” Appeal allowed in part and sentence varied to a fine of Shs. 3,000/- or 6 months imprisonment in default.