Cretus Sambi @ Kimbwenga and Geofrey Chazya versus the Republic - No. 270 of 2010

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

The appellants were found to be in unlawful possession of elephant tusks found in the second appellant’s house and fresh and dried meat found in the first appellant’s house alleged to have been obtained from Katavi National Park. The appellants were found to be in possession of elephant meat and tusks without a valid licence. They were tried and convicted by Resident Magistrate at the District Court of Mpanda and sentenced to a fine of 50,000 each or serve five years in prison. The appellants opted to pay the fine. Dissatisfied with the sentence, the Director of Public Prosecutions (DPP) appealed to the High Court of Tanzania at Sumbawanga (DC Criminal Appeal No. 40 of 2009). Specifically, the DPP complained that the learned trial magistrate should have imposed a minimum prescribed sentence of twenty (20) years imprisonment, and not a fine of Tshs. 50,000/= or five years prison sentence in default. The High Court allowed the appeal and substituted the sentence with one of 20 years. Aggrieved by the decision of the first appellate court on sentence, the two appellants lodged this appeal, against the new sentence and they in addition contested their conviction by the trial court, which was not the subject of the DPP’s first appeal at the High Court. Through the invocation of revisionary power, the Court of Appeal nullifies, quashes and sets aside the proceedings and decision of the District Court of Mpanda. It further ordered a retrial in a court with competent jurisdiction.

Language of document
Reference number
No. 270 of 2010
Charges
Unlawful possession of government trophy
Money value
TZS 36,000,000
Transnational
No
Decision
The Court of Appeal nullifies, quashes and sets aside the proceedings and decision of the District Court of Mpanda. It further ordered a retrial in a court with competent jurisdiction.
Appealed
No
Penalty
-
Court cases cited
RHOBI MARWA MGARE, 2. SAMWEL DAUD, 3. MARWA WILSON CHACHA VS THE REPUBLIC CRIMINAL APPEAL NO 192 OF 2005, unreported
MWITA CHACHA, 2. JULIUS FIDELIS KITOKA, 3. ENOS SINGIRYA, 4. MAKWIZI MSUKO and 5. ELIAS MARWA @ MANGI VS THE REPUBLIC MZA CRIMINAL REVISION NO. 1 OF 2007, unreported
Legislation cited
Wildlife Conservation Act, Cap. 283 R.E. 2002
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Appellate Jurisdiction Act, Cap. 141 R.E. 2002
Source