Simon s/o Mkoma, Mark s/o Masisila, Francis s/o Mwambe, Crim. App. 314, 327, 336-D-68; 9/8/68; Georges, J.

Simon s/o Mkoma, Mark s/o Masisila, Francis s/o Mwambe, Crim. App. 314, 327, 336-D-68; 9/8/68; Georges, J.

One of the accused was convicted (inter alia) of transferring a firearm and ammunition for the use of another person, without permit, contrary to s. 16(1) of the arms and ammunition act, Cap. 223. He had loaned his gun for hunting purposes to a person who did not posses a licence to use or carry a firearm.

            Held: Accused was improperly charged and convicted. S. 16(1) merely enables an authorized officer to issue a permit authorizing the transferring without such a permit. S. 15, indeed, does forbid the transfer of arms or ammunition without a permit. However the word “transfer” in this context indicates “ a transfer analogous to a disposition in which property passes in the arms or ammunition, and not merely possession” (citing Joakim Michel v. Republic (1963) E.A. 235), and so does not cover a mere loan as in this case. It would seem that the person to whom the gun was transferred would be guilty of holding without a licence under s. 13(1), so that the accused could be convicted of aiding and abetting the commission of this offence. However this is not he offence contemplated in the charge, which must therefore be quashed.