Rex v Merali (Confirmation Case No. 605 of 1947)
Rex v Merali (Confirmation Case No. 605 of 1947) [1947] EACA 60 (1 January 1947)
The court held that section 52(1) of the Game Ordinance, 1937, being later in time and specific to the offence of unlawful possession of rhinoceros horn, overrides the general sentencing discretion provided by section 27(3) of the Penal Code. Therefore, the Magistrate's sentence of a fine only was incomplete and contrary to the mandatory requirements of the Game Ordinance, which stipulates that a term of imprisonment must be imposed for such offences. The conviction and fine were affirmed, but the court added a sentence of one day's imprisonment to comply with the statutory mandate.
Source excerpt
- Game Ordinance Offences
- Statutory Penalties
- Sentencing Guidelines
- Unlawful Possession
- Rhinoceros Horn
- Statute Precedence