Bikolimana S/O Odasi @ Bimelifasi versus the Republic - No. 269 of 2012

Territorial subdivision
Seat of court
Tabora
Court jurisdiction
Date of opinion
2013
Abstract

The appellant was found in a game reserve to be in possession of fire arm and meat of the animals named in the species sub section below without a valid permit. During trial he denied the facts as presented by the prosecution. The appellant was convicted by the Resident Magistrate Court of Tabora and sentenced to 15 years on 1st count, a fine of 2 million Tshs or serve ten years in case of default for 2nd count and 10 years imprisonment for 3rd count. He appealed against the conviction and sentence to the High Court but the appeal was dismissed. He then lodged an appeal to the Court of Appeal (1) that, prosecution witnesses contradicted themselves, (2) that, there was no consent and certificate from the DPP to confer jurisdiction on the Resident Magistrate’s Court to handle with the trial. The Court of Appeal dismissed the appeal for lack of merits.

Language of document
English
Reference number
No. 269 of 2012
Charges
(1) unlawful possession of weapon in a Game Reserve , (2) unlawful possession of firearm and ammunition, (3) unlawful possession of government trophy
Species
Hippopotamus, Warthog
Money value
TZS 1,572,000
Transnational
No
Decision
Appeal dismissed
Appealed
No
Penalty
-
Court cases cited
Luziro s/o Sichone vs. Republic, Criminal Appeal No. 231 of 2010 (unreported)
Legislation cited
Wildlife Conservation Act, Cap. 283 R.E. 2002
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Arms and Ammunitions Act, Cap. 223 R.E. 2002
Source