R v Henry Azadehdel Country/Territory United Kingdom Type of court National - higher court Date Jul 13, 1989 Source UNEP, InforMEA Court name Court of Appeal Language English Subject Wild species & ecosystems Abstract The appellant pleaded guilty to various offences consisting of dealing with specimens of rare orchids,which were protected by regulations made in accordance with the Convention on International Trade in Endangered Species (CITES). He had travelled extensively to obtain samples of rare orchids from the wild, with a view to selling them to dealers and collectors. Sentenced to a total of 12 months' imprisonment, with four to serve and the balance suspended, fined GBP 10,000, with a forfeiture order in respect of the specimen plants, and ordered to pay GBP 10,000 prosecution costs. The appellant was fined GBP 200, onother charges. The three offences in counts 2, 3 and 4 of the principal indictment, involving offering for sale restricted specimens, being knowingly concerned in the harbouring, keeping or concealing of or dealing with restricted goods and selling restricted specimens, concerned the applicant dealing in rare species orchids. The orchids concerned were slipper orchids from South America. Over a period of time it is plain from the pleas and the nature of the counts that the applicant has been trading in prohibited species of orchids. He is a considerable expert in his own right. He is an amateur botanist who hasobviously become a leading authority on orchids of horticultural merit in general and slipper orchids inparticular. The current appeal case holds that the sentence of 12 months was too long, bearing in mind that the maximum sentence for the offence was two years, and that the same offence covered dealing in the products of dead animals,such as ivory and rhino horn. Judgment: The Court has decided that the proper sentence in this case is one of six months'imprisonment, which should be treated as suspended as to the balance of that period from today,which will result in the applicant's immediate release. The fine of GBP 10,000 should be reduced to a fine of GBP 2,500, which is approximately the amount which the applicant says he is able to offer from the profits of his grocer's shop by payments of GBP 200 a month. The Court did not think it right to order installment payments, but simply to say that there should be a fine of GBP 2,500 payable in 12 months from today with a two month period of imprisonment in default. There should be no alteration of the additional small fine of GBP 200, making a total financial penalty of GBP 2,700. The order for costs of the prosecution should be remitted. The final result therefore is that the applicant will have a sentence of six months in all (all the sentences being concurrent), so much of which is suspended as to allow his immediaterelease, fined GBP 2,700 payable in 12 months with two months in default, and no further order. (Provided by: UNODC SHERLOC) Full text UK-7.pdf Website www.unodc.org