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Mapera s/o Sendegyu v. R., Crim. App. 113-D-67; -/4/67; Saidi J



Mapera s/o Sendegyu v. R., Crim. App. 113-D-67; -/4/67; Saidi J

Accused was convicted of possession of a muzzle – loading gun without a licence under section 13(1) of the Arms and Ammunition Ordinance, Cap. 223. He was holding the gun for a third party, who had pledged it to him as security for a loan.

            Held: (1) Accused, although not the owner of the gun pledged to him, was not entitled to have it in his possession without. A firearms licence. Even if the owner had a licence, he “could not have handed over his gun….without a temporary permit from the licensing authority.” (2) A sentence of 6 months, under the circumstances, was to severe; sentence was reduced to two months. (3) The true owner must be given opportunity of showing cause why an order of forfeiture should not be made.

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