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R v Misanki Kuranku Matudi

País/Territorio
Reino Unido
Tipo de la corte
Nacional - corte superior
Fecha
Mar 17, 2003
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Appeal
Idioma
Inglés
Materia
Especies silvestres y ecosistemas
Resumen
On 28 November 2000 a consignment arrived at Heathrow from the Cameroons on a Swissair flight via Zurich. The consignor was Mrs Monie and the consignee and importer the appellant. The consignment contained for the most part frozen cassava leaves and indeed that was how the accompanying documents described it. However, when it was subjected to a spot check it was found to contain also eleven smoked monkeys, two pangolins and a number of tortoise parts. Each of these is an endangered species and importation is prohibited without an appropriate certificate. There was no such certificate in this case and the appellant faced, in addition to the charge under the 1996 Regulations, three other charges of fraudulent evasion of a restriction on the importation of goods contrary to section 170(2) of the Customs and Excise Management Act 1979. He was, however acquitted of these charges which do, of course, require mens rea.On 30 November the appellant was advised that the consignment was ready for collection. It had been taken to the border inspection post. When he arrived at Heathrow later that evening he was taken to the border inspection post and there arrested. His home was searched and a piece of monkey was found in his freezer. The appellant ran a shop where he sold African food. He met Mrs Monie and she began to supply him with fruit and vegetables from Africa, in particular some items that he had found difficulty in obtaining. She had a sister called Flora who lived near the shop. The consignments arrived roughly once a month. He never ordered meat but meat had in fact come in the previous consignment, and when the appellant telephoned Mrs Monie and complained to her that it could get him into trouble she said it was hers and asked him to keep it for her until she arrived in the United Kingdom. He had no idea that the consignment which was the subject matter of this case contained any meat and, he said she had no business to send him any. He was only expecting cassava and sorrel. He had limited storage capacity and would not order what he could not store. The total charge payable to the authorities was GBP 1639 which was about GBP 250 more than he had anticipated. Following the judge's ruling the appellant changed his plea to guilty and was sentenced to a conditional discharge for 12 months, and ordered to pay GBP 100 towards the costs of the prosecution. Mr Matudi appeals against his conviction on 18 September 2001 for importing animal products contrary to Regulations 21 and 37 of the Products of Animal Origin (Import and Export) Regulations 1996 (S.1. 1996 No.3124). He appeals with the certificate of the trial judge on a point of law. The point of law is whether the offence requires mens rea or whether, as the judge held, it is an absolute offence. Judgment: An offence under Regulation 21 of the 1996 Regulations does not require mens rea and the judge was correct to rule so. The appeal is therefore, dismissed. (Provided by: UNODC SHERLOC)
Texto completo
UK-11.pdf
Página web
www.unodc.org