The appellant was convicted by the trial court on three counts and acquitted on one count. Aggrieved by the decision he appealed to the high court which upheld the decision of the trial court. He then appealed to the Court of appeal on the following grounds: (1) that, the trial and first appellate courts erred in law and fact to rely on the prosecution’s evidence in which the complainant did not testify, (2) that, the trial and first appellate courts erred in failing to detect that the Public Prosecutor (PP) in the case was below the rank required to prosecute economic offences, (3) the trial and the first appellate courts erred in law and fact by relying on exhibit P3, certificate of identification and valuation of trophies, contrary to the relevant laws, (4) that, the trial and the first appellate courts erred in law and fact by neglecting the appellant’s strong defence and (5) that, the case under appeal was not proved beyond reasonable doubts. The Court of Appeal dismissed the appeal.
Type of court
Seat of court
Date of opinion
Language of document
No. 50 of 2014
(1) unlawful possession of government trophy, (2) failure to report possession of government trophy, (3) unlawful dealing in government trophy, (4) unlawful hunting in a game controlled area.
Appeal dismissed for incurable notice of appeal.
(1) to pay a fine of Tshs 16,320,000/= or twenty years imprisonment in default, (2) to pay a fine of Tshs 500,000/= or twelve months imprisonment in default, (3) acquittal, (4) five years imprisonment.
Court cases cited
Shadrack Kuhaha versus Republic Criminal Appeal No 24 of 2013, UNREPORTED
Tano John versus Republic, Criminal Appeal No 61 of 2014, UNREPORTED
Peter Shangwe versus Republic, Criminal Appeal No 354 of 2008, UNREPORTED
Mwanya Ally Dadi versus Republic, Criminal Appeal No 105 of 2013, UNREPORTED
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002