The appellants were found to be in unlawful possession of elephant tusks found in the second appellant?s house and fresh and dried meat found in the first appellant?s house alleged to have been obtained from Katavi National Park. The appellants were found to be in possession of elephant meat and tusks without a valid licence. They were tried and convicted by Resident Magistrate at the District Court of Mpanda and sentenced to a fine of 50,000 each or serve five years in prison. The appellants opted to pay the fine. Dissatisfied with the sentence, the Director of Public Prosecutions (DPP) appealed to the High Court of Tanzania at Sumbawanga (DC Criminal Appeal No. 40 of 2009). Specifically, the DPP complained that the learned trial magistrate should have imposed a minimum prescribed sentence of twenty (20) years imprisonment, and not a fine of Tshs. 50,000/= or five years prison sentence in default. The High Court allowed the appeal and substituted the sentence with one of 20 years. Aggrieved by the decision of the first appellate court on sentence, the two appellants lodged this appeal, against the new sentence and they in addition contested their conviction by the trial court, which was not the subject of the DPP?s first appeal at the High Court. Through the invocation of revisionary power, the Court of Appeal nullifies, quashes and sets aside the proceedings and decision of the District Court of Mpanda. It further ordered a retrial in a court with competent jurisdiction.
The appellant was found in possession of 71 pieces of elephant tusks and stood trial before the district court of Shinyanga as presided over by a Resident Magistrate. The appellant appealed to the High Court but the appeal was dismissed. He then lodged his appeal to the Court of Appeal under grounds centered on the lack of jurisdiction of the trial court to try the offence because the offence was committed outside the district of the court and that the DPP had no power to delegate his statutory obligation of granting consent to prosecute in other court than the high court, hence, the certificate was void. The Court of Appeal has revised and quashed the lower courts? proceedings and judgment and set aside the sentence. However, in view of the fact that the appellant faces a serious economic crime and has spent only 4 out of 20 years imprisonment meted out on him, the court ordered that he should be retried by a court of competent jurisdiction constituted by another magistrate with requisite jurisdiction, with immediate dispatch. In case of another conviction, the period that the appellant has so far served in prison, is to be taken into account.
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.
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. When he was searched he was found in possession of one knife, one spear and four animal trapping wires and, two pieces of dried meat, one of zebra and one of wildebeest. He was taken to Lobo Rangers Park and then to Mugumu Police station. The case lasted for three years from the date it was instituted to the date of the judgment. The accused was found guilty and convicted on all the three counts.
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. The case was dismissed under section 225(5) of the Criminal Procedure Act.
On the 7th day of October 2010 in Mugumu, upon information given by a secret informant the accused and one person Mosenye Barisere are suspected to be in possession of government trophies. The accused working place where he was working was searched, nothing was found, they also searched his four houses and nothing was found, the police then discovered that there was a dustbin pit dug in the compound of the accused, and upon digging the pit they found a whitish resin bag buried in the pit carrying two pieces of elephant tusk. The accused was then arrested and taken to court. The accused was acquitted.
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. The case lasted for three years from the date it was instituted to the date of the judgment. The accused was convicted on the first and second counts and acquitted on the third count.
On 08/06/12 at 18:00 hours while park rangers of SENAPA were on patrol around Nyanderema area within SENAPA, they saw people hidden in the bush. They surrounded the bush and successfully arrested them. When they were searched they were found in possession of one panga, two knives, and five snares plus, three pieces of fresh wildebeest meat and two skins of the wildebeest. On interrogations they were asked if they had permit, they both didn?t have. The accused states that they had entered SENAPA to bring back their cattles that had entered the park. They were then arrested and taken to Mugumu police station. The case lasted for two years from the date it was instituted to the date of the judgment. The accused persons were convicted on the first and second counts and acquitted on the third count.