Emmanuel Saguda @ Sulukuka and Sahili Wambura versus the Republic - No. 422B of 2013

Territorial subdivision
Seat of court
Tabora
Court jurisdiction
Date of opinion
2014
Abstract

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 accused were convicted by a District court and sentenced to 12 months imprisonment or a fine of Tshs. 10,000/= on the first count; two years imprisonment or a fine Tshs. 20,000/= on the second count; three (3) years imprisonment on the third count and 30 years imprisonment or a fine of Tshs. 13,617,000 on the fourth count. Having being aggrieved by the decision they appealed to the High court which reduced the third sentence from 30 years to 20 years imprisonment. The appellants decided to appeal such a decision to the Court of Appeal on three grounds: (1) PW1, PW2 and PW3 were not credible witnesses, (2) it was not proved that the appellants were caught in the National Park by PW2 and PW3, (3) the court wrongly admitted the evaluation report and the inventory form, Exhibits P1 and P2. The Court allowed the appeal, quashed the decision and set aside the sentence.

Language of document
English
Reference number
No. 422B of 2013
Charges
(1) unlawful entry into a national park, (2) unlawful possession of weapons, (3) unlawful hunting in a national park, (4) unlawful possession of government trophies
Species
Zebra, Warthog
Money value
TZS 1,361,700
Transnational
No
Decision
Decision quashed
Appealed
No
Penalty
-
Court cases cited
Browne v Dunn [1893] 6R. 67
Rex v Hart [1932] 23 Cr. App. R. 202
Hussen Bakari Kadogoo v Republic, Criminal Appeal No. 54 of 2006 CAT (unreported)
Legislation cited
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
National Parks Act, Cap. 282 R.E. 2002
Criminal Procedure Act, Cap. 20 R.E. 2002
Source