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. Upon conviction they were sentenced to pay a fine of two million shillings or to serve a prison term of twenty years. Their appeal to the High Court was unsuccessful hence this second appeal. Appeal allowed, the Court quashed their convictions, set aside their sentences and ordered their immediate release from prison.
With the help of an informer, the accused person on 24th December 2000 at Mto wa Mbu area within Monduli District, Arusha region was found at Zanzibar guest house with two elephant tusks and three hippopotamus tusks property of the Tanzania government. The accused was found not guilty and therefore was acquitted.
On 24.11.2000, the Anti-Poaching Unit while in routine patrol heard a gun sound and responded immediately. Upon arriving at the crime scene, the Unit found the accused persons removing zebra skin they have killed using a riffle after shooting 22 rounds of ammunition. The accused persons were arrested. During trial, the prosecution tendered rifle ammunition, certificate of valuation, inventory of unclaimed properties short gun, a panga, an axe and hunting licence as exhibits. It transpired during trial that the accused license had already expired. All accused persons jumped bail. The accused was found guilty of the offences charged and sentenced in abstentia.
On 25.09.2014 Manyara Park Rangers were patrolling at Kirurumo area Manyara National Park. While patrol, the rangers met the accused and suspected him to be carrying government trophy. When the accused was stopped and searched, they were found in unlawful possession of zebra meat. The accused was found guilty and was therefore convicted.
The prosecution alleged that on 23rd March, 2012 at Kambi ya Fisi within city and region of Arusha, the accused was found in possession of one cheetah skin. According to the prosecution, the accused was in police lock up facing charges of breaking with intent to steal. The police decided to search his house in an attempt to recover some stolen items. During the search, a bag containing cheetah skin was found in the accused house. The accused denied to know the content of the bag and told the police that it belonged to a person who is visiting him. He gave the name and mobile phone number of the guest. The accused was found not guilty.
Director of Public Prosecutions versus Yohana Peter Ngoira and Pelo S/O Moleiment Munga @Pelo - No. 331 of 2015
The appellant was appealing against the decision of the High Court which ruled that the offence which the respondents were charged with was not an economic crime to be tried before the High Court and thus ordered that the matter to be remitted back to the trial court for necessary amendments of the charge and proceed with trial accordingly. The High Court judge erred in law by holding that possession of government trophy contrary to section 86 (1) and (2) (b) of the Wildlife Conservation Act, No. 5 of 2009 was not an economic crime.
The appellant was sentenced to 10 years imprisonment. The conviction and sentence were sustained by the High Court. He was aggrieved and filed a notice of appeal against the conviction and sentence on 28/05/2013. The Court of Appeal dismissed the appeal.
The appellant was convicted by the District Court of Monduli at Monduli in absentia for unlawful possession of government trophy. He was sentenced to a term of imprisonment for twenty (20) years. The District Court was conferred with jurisdiction in accordance with the law particularly section 26 of the Economic And Organized Crimes Control Act read together with Part 11 of the 1st Schedule to Government Notice No.191 of 1984 and section 12(3) of Cap 200. Since his trial was conducted in absentia upon his arrest he contended that he was not the one who was convicted in absentia because his name was Lomayani and not Loning’o. He appealed to the High Court which reduced the sentence to fifteen years and upheld the conviction on the ground that the appellant’s denial of his name being Loning’o that denied him the opportunity to be informed of his rights under section 226(2) of the Cap. 20 of the Laws. Aggrieved by the decision the appellant appealed to the Court of Appeal on the following grounds: the first ground is a complaint that the prosecution evidence did not prove the charge against the appellant beyond reasonable doubt and the second is the contravention of section 226(2) of the Criminal Procedure Act for failure to find out the cause of the absence of the accused during trial. The Court allowed the appeal, set aside the decision of the trial court and the High Court and ordered a retrial.
The appellant aggrieved by the decision of the District Court of Monduli in Economic Crime Case No. 8 of 2009 lodged an appeal before the High Court. The case originated from Monduli District Court Criminal Case No. 8 of 2009. The High Court allowed the appeal and quashed the decision of the trial court and set aside the sentence imposed against both appellants. The court orders both appellants to be released from prison. No re-trial has been ordered because the appellants had been detained for 21 months.
On 18.07.2000, the Tarangire National Park rangers were informed that certain villagers of Sangaiwe, of whom the appellant was one, were in possession of government trophies. They laid information to the police and made a follow up at Sangaiwe. On arrival there, they contacted the village leadership. They were led to the home of the accused and interrogated him. Upon searching the house, they recovered game meat which was identified to be that of a zebra. The appellant appealed to the High Court against both conviction and sentence and raised nine grounds which boil down to one ground that the prosecution side did not prove the case against him beyond reasonable doubt. This is an appeal from the decision of the District Court of Babati Criminal Case No. 7 of 2000. The appeal was dismissed for lack of merits and the sentence and orders were confirmed.