R. v. Jafari s/o Musa, Crim. Rev. 3-D-65, 14/8/67, Hamlyn J.

R. v. Jafari s/o Musa, Crim. Rev. 3-D-65, 14/8/67, Hamlyn J.

Accused was convicted of hunting game animals without a licence [Fauna Conservation Ordinance, Cap. 302, s. 12] and unlawful possession of a firearm [Arms and Ammunition Ordinance, Cap. 223, s. 13 (1).] Sentence included forfeiture of the fire-arm unlawfully in accused ’s possession. [Fauna Conservation Ordinance, s. 53 (2B).] Included in the record of the case sent to the High Court was a sworn affidavit by the owner of the gun stating that he was out of town when accused used the gun unlawfully and knew nothing about the events constituting the offence.

            Held: It seems evident that the owner of the gun in no way connived in the commission of the offence by accused, and it would be unjust to penalize the owner for an offence committed by another without his knowledge. The Court ordered that the firearm be returned to the owner.