R v Canning País/Territorio Reino Unido Tipo de la corte Nacional - corte superior Fecha Ene 15, 1996 Fuente UNEP, InforMEA Nombre del tribunal Court of Appeal Idioma Inglés Materia Especies silvestres y ecosistemas Resumen The appellant was convicted of one count of keeping and offering for sale a peregrine falcon and six counts of selling such birds, contrary to the Control of Trade in Endangered Species (Enforcement)Regulations 1985. An off-duty police officer guarding the nest of a breeding pair of peregrine falcons saw three men, including the appellant, approach the nest site and subsequently found that two chicks were missing. When his premises were searched a year later, a number of peregrine falcons were found. Sentenced to 18 months' imprisonment. The question raised is not whether he ought to have been sentenced to imprisonment but whether the sentence of 18 months was or was not excessive. The maximum sentence for any of these offences was one of two years' imprisonment. There were here seven offences with which the court had to dealand the sentences of 18 months' imprisonment were imposed concurrently. Mr Salter, appearing on behalf of the defendant, says that the offences were not at the top of the scale of possible offending; the appellant was genuinely interested in birds and knowledgeable about them; he was not simply taking birds from wild life solely for the purpose of profit or cruelty; and accordingly the sentence of 18 months'imprisonment, which allowed for the sentence not being at the top of the range, was not sufficiently scaled down. Judgement: The appellant did not plead guilty; he contested the matter all the way. In this Court's judgment the sentence of 18 months' imprisonment, which was imposed by the trial judge on each of the counts, was not manifestly excessive or wrong in principle. Accordingly, the appeal against sentence must be dismissed. (Provided by: UNODC SHERLOC) Texto completo UK-14.pdf Página web www.unodc.org