Halimoja Kavira v. R., Crim. App. 460-D-68, 4/10/68, Biron J.

Halimoja Kavira v. R., Crim. App. 460-D-68, 4/10/68, Biron J.

Accused was convicted of possessing a Government trophy without an ownership certificate and of failing to report his possession of that trophy to the Game Division, c/ss 41(2), 49(1) and 48 Fauna Conservation Ordinance, Cap. 502. The item was a wildebeest tail, which accused had brought to a wedding feast for his son, such tails being used by female celebrants during dances which were part of the traditional ceremonies. Accused claimed that he had inherited the tail from his father 1940, and there was no evidence to the contrary. The Ordinance was enacted in 1964.

            Held: (1) A wildebeest tail is not a Government trophy as that term is defined in s. 47 of the Ordinance, (2) “Like any other penal statute, the Ordinance has no retrospective effect, therefore, even if the wild beast tail had been a Government trophy, there was no obligation on the appellant to report when it came into his possession.”