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.
The appellant was found in a game reserve to be in possession of fire arm and meat of the animals named in the species sub section below without a valid permit. During trial he denied the facts as presented by the prosecution.
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 is appealing against the decision of the high court which upheld the decision of the Resident Magistrate Court on the ground that the consent of the Director of Public Prosecutions was not granted in terms of section 26(1) of the Economic and Organized Crime Control Act (CAP 200 R.E.
On 05/10/2010 at 18:00 hours at Warangi area within SENAPA when park rangers were on patrol, they saw people running from the bush. They chased them and managed to arrest one of them. They took him back to the bush that he was running from.
The accused were found within SENAPA around Mto Nyabehu area without permission and in possession of one piece of dry meat of wildebeest and one dry skin of wildebeest they were arrested and taken to Mugumu police station. The charges were withdrawn and the accused discharged.
On 02/12/2012, the three accused person were arrested a Meza area within SENAPA and found in possession of weapons and government trophies, namely; 1 knife, two pangas, and five trapping wires, one leg of Zebra and one dry skin of Zebra. Then were taken to Mugumu police station.
On the 14th day of February 2012 at about 20:30 hrs, the accused was arrested by the police upon information that the accused was in possession of government trophies, his house was searched, in a blue plastic bag inside his briefcase a dry skin of a cheetah was found, he was then arrested and taken to court. The accused was convicted.
On 06/09/2010 at 20:00 hours the park rangers while on patrol at Muchuri area within Ikorongo/Grumeti Game Reserve, they saw torch lights and decided to make follow ups, they succeeded in arresting one person in possession of one killed Thomson Gazelle, one knife and the torch. He was arrested and taken to Mugumu Police station.