The respondent one, Hamisi Koni, was charged before the district of Mpanda with the offence of unlawful possession of government trophy. Upon the accused being arraign before Mpanda district was committed for bail. While enjoying court bail, the accused absconded from appearing to the court. The court ordered the case be heard yet the accused jumped bail. At last the court further Oordered prosecution to prove their case still prosecution failed to bring witnesses. Tn 29/03/2007 when the case was fixed for hearing and upon prosecution fail to bring witnesses the court invoked section 226(1) of the Criminal Procedure Act, Cap. 20 and acquitted the respondent. Hence the prosecution filed revision before High Court to challenge the decision of the district court in acquitting the respondent. The High Court allowed the appeal and quashed the decision of the trial court.
This is an appeal originating from Handeni District Court on Economic Case No. 13 of 2013. Appellant appealed the conviction by the Handeni District Court on case No. 13 of 2013 in which he was charged and convicted of the offense of unlawful possession of Government trophy contrary to section 86(1) of the Wildlife Conservation Act of 2009 read together with Paragraph 14 (d) of the first Schedule and Section 57 (1) of the Economic and Organized Crime Control Act, Cap 200 R.E 2002. The appeal was allowed and conviction was quashed and sentence set aside.
The Applicant was charged with unlawful possession of government trophies at Mpanda District court. He prayed for bail under section 29(4) of the Economic and Organised Crime Control Act Cap 200 RE 2002. The High Court granted the bail.
Applicants charged with the offence of unlawful possession of government trophies of which case was filed in the Resident Magistrates Court of Katave, at Mpanda. The High Court allowed the appeal and granted the bail.
On 16 July, 2004 respondents were charged with offence of unlawfully possession of government trophies and made application for bail at Mpanda District Court and granted bail to them under the terms that they should deposit cash bond of Tsh. 6,000,000/=. The High Court allowed the appeal and quashed the decision of the trial court.
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. He was charged at Same District court, was found guilty as charged and was sentenced to six years of imprisonment. Being dissatisfied with the decision of the District court he appealed to the High Court and produced three grounds of appeal. The appeal was heard while he was standing on his own with the Attorney General on the other hand. The appellant Jasper Philemon Mngwulwi was arrested and charged at Same District court for the offence of possessing government trophy. The case was heard and he was convicted and sentenced to six years imprisonment. Being dissatisfied with the decision of the District court he appealed to the High Court. The High Court allowed the appeal, quashed the decision of the District court and set aside the sentence.
The appellants were arrested following information that they were in possession of buffalo meat. The appellants disputed any knowledge about the meat affirming they had no license for hunting. They were found in the house where the meat was because they took rest for the night. The meat belonged to the landlord and the appellants alleged that the landlord gave bribe to the police of Tshs. 150,000 that is why he was not charged. The appellants were convicted for alleged being found jointly in possession of government trophies of buffalo and sentenced to 5 years imprisonment. There was no corroborated evidence apart from that given by policemen. Appeal allowed, convictions quashed and sentences set aside. The Court ordered immediate release of the appellants from prison.
The appellant was found in possession of a weighing scale while drying meat identified by the witnesses using their experience to be that of a zebra. There was no skin or head to support such claim. The appellant denied that the meat was zebras claiming it to be of hartebeest which was hunted under permit of a friend not present at the crime scene. The appellant was convicted for the counts charged and sentenced to twenty years imprisonment. He appealed on the ground that he was not given the right to call witnesses which breached natural justice rules. The Court allowed the appeal, quashed the conviction and set aside the sentence. The judge ordered the immediate release of the appellant from prison.
On the material date, at 22.00 hrs at Tingirima village within Bunda District in Mara Region, the accused was found in the possession of skins of dik-dik, two pieces of dried meat of the wildebeest and a piece of elephant tusk, after an emergence search in his house, a house owned by his mother and elder brother while he was sleeping. He was therefore arrested, convicted and sentenced for 20 years imprisonment. This was an appeal against the original economic case no. 177 of 2013 of the Bunda District court, where the accused was alleged to have been found in possession of skins of dik-dik, two pieces of wildebeest, two pieces of dried meat of the wildebeest and a piece of elephant tusk and therefore charged and convicted of an offence of being in possession of government trophies and failure to report the possession of the government trophies mentioned above worth Tshs. 4,672,000/=. The appeal was allowed, the sentences were set aside and the court ordered to release the appellant from prison.
On 17/03/2012, the game officers at Ikorongo Grumeti Game reserve heard bullets loud fired in the game reserve by unknown persons. The game officers then traced the poachers but didn’t find them. On 28/03/2012, the game officers got information through the ward officer that the appellant and four others have confessed to have entered the game reserve and hunted six elephants. The ward officer was informed of the incident through complaints lodged to him by the accused, that the appellant was indebted to his colleagues after the sale of elephant’s tusks. After arresting the accused, carcasses of the killed elephants were found through the lead of the accused. This was an appeal against the original economic case no. 18 of 2012 of the Bunda District court, where the appellant was jointly and together charged with four others, all the four accused persons were found guilty of the first count and were sentenced to imprisonment of three years or pay a fine of Tsh 300.000/= each. The appellant was alone found guilty of both counts and was sentenced to twenty years imprisonment. Being aggrieved by the decision he appealed to the High Court. The appeal was allowed, the sentence was quashed and set aside and the court ordered immediate release of the appellant from jail.