This is an appeal case originating from Mpanda District Court at Mpanda. Before the District Court at Mpanda, the appellant and three others were charged for the offence of unlawful possession of government trophies and unlawful possession of weapon and ammunition.
The appellants were jointly arraigned in the District Court of Nachingwea at Nachingwea on a charge of unlawful possession of government trophies. Both were convicted and sentenced to imprisonment for twenty (20) years. Aggrieved with the decision, they both preferred appeals to the High Court of Tanzania at Mtwara.
The appellant stood charged with the offence of unlawful possession of government trophy c/s 59 (2) of the Economic and Organized Crimes Control Act, Cap 200 R.E 2002 and section 67 (1) & 2 (b) of the Wildlife Conservation Act [Cap 283 R.E 2002].
On 25th August, 2013 at about 01:00hrs at Mheza-Maore Village within Same District – Kilimanjaro region, the appellant was arrested for being in unlawful possession of the government trophy which is one “cheeter” skin worth Tshs. 7,942,900, the property of the government of the United Republic of Tanzania and without permit or license.
This is an appeal of a decision of the High Court on the Criminal Application No. 15 of 2013 where the judge refused to hear the accused person’s bail application. The judge based her decision on the fact that the accused person was already refused bail in a previous consolidated Criminal Application No.
The appellants were alleged to have been found in the Tarangire National Park in unlawful possession of three swala pala meat valued at Tshs 1,813,500/-, three did-dik meat valued at Tshs 1,162,500/- and three reedbuck meat valued at Tshs 2,092,500/- all valued at Tsh 5,068,500/- the property of Tanzania Government.
The appellants were found at Serengeti National Park without any written authorization. They were also armed with bows and arrows, knives, bush knives and trapping wires. It was also alleged by the prosecution that they were found in possession of government trophies.
The appellant was convicted and sentenced to 30 years imprisonment for first count and 10 years imprisonment for second count following an admission of guilty entered into during the preliminary hearing held immediately after the accused pleaded not guilty.
The appellant was sentenced by the Resident Magistrate of Shinyanga as follows; 1st Count: Entering into a game reserve. He was sentenced to custodial sentence of one year in jail. 2nd Count: Unlawful hunting in a game reserve. He was sentenced to pay a fine of Tsh. 200,000/= or one year in jail in default.