Wildlife, forest and fisheries crime

Species Involved

• Rare Birds (Gold Cheeked Gibbon, Eagle Owl, Saker Falcon, Brahminy Kites)

Details

• Undocumented/unlicensed conduct
• CITES protected species

R v Jungthirapanich

UNODC No.:
GBRx064

Fact Summary

The appellant pleaded guilty to being knowingly concerned in the fraudulent evasion of the restriction on the importation of wild birds. The appellant was concerned in smuggling 23 wild birds from Thailand. The appellant and another man arranged for wild birds of prey to be exported from Thailand secreted in plastic tubes concealed in two suitcases. The appellant arrived at Heathrow airport with the two suitcases and was later arrested by Customs officers. Twenty-three wild birds of prey, six of which were dead, were found in the suitcases. The birds which survived had suffered asphyxia and hypothermia as the result of being transported in the hold of the aircraft. The birds were a protected spaces. Sentenced to 22 months' imprisonment.

The case presented a difficult sentencing problem as little guidance could be found in decisions of the Court in respect of the offence. The offence was a serious one which merited imprisonment, because it caused suffering to the birds, and it was carefully and deliberately planned.

Judgment:
The appellant's co-defendant was commercially motivated. It was said that the appellant's co-defendant had exercised a degree of influence over him and, for that reason and in view of the appellant's plea of guilty, the Court considered that the proper sentence was 15 months' imprisonment.

Commentary and Significant Features

The co-defendant referred to in this case is the defendant in another case (R v Humphrey), also available on SHERLOC.

Sentence Date:
2002-10-08

Cross Cutting

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)
• participant, facilitator, accessory

Application of the Convention

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

United Kingdom of Great Britain and Northern Ireland

Thailand

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Appellate Court
Type of Proceeding:
Criminal
 
 
Proceeding #1:
  • Stage:
    first trial
  • Court

    • Criminal

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    1 year 10 Months
     
  • Decision Appealed:
    Yes
  • Proceeding #2:
  • Stage:
    appeal
  • Court

    • Criminal
    Description:

    Prison sentence reduced from 22 months to 15 months.

     

    Sentences

    Sentence

    Term of Imprisonment:
    1 year 3 Months
     

    Defendants / Respondents in the first instance

    Defendant:
    Peora Jungthirapanich

    Charges / Claims / Decisions

    Defendant:
    Peora Jungthirapanich
    Charge / Claim:

    The appellant pleaded guilty to being knowingly concerned in the fraudulent evasion of the restriction on the importation of wild birds.

    Court

    Court of Appeal

    Attachments

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