Joseph Lazaro and two others versus the Republic - No. 118 of 2014

Territorial subdivision
Seat of court
Mwanza
Court jurisdiction
Date of opinion
2015
Abstract

On 15th June, 2011, the appellants were caught in Rwashagi area within SENAPA in possession of one carcass of a zebra together with one knife, one spear, one bush knife and a motor cycle. They were accused to have hunted the animal. This was a second appeal, the three accused persons were charges and convicted first in the Bunda District court, being aggrieved with the decision they appealed to the High Court Mwanza Registry, again the High Court disbelieved the accused and found the prosecution case proved beyond reasonable doubt. The accused being aggrieved once again appealed to the court of appeal. The Court of Appeal quashed the decision of the first appellate court.

Language of document
English
Reference number
No. 118 of 2014
Charges
(1) unlawful entry into National Park, (2) unlawful possession of weapons, (3) unlawful hunting in the National Park, (4) unlawful possession of government trophies.
Species
Zebra
Money value
-
Transnational
No
Decision
Appeal allowed, the decision of the appellate court was quashed.
Appealed
No
Penalty
-
Court cases cited
PAUL EMMANUEL @ NTOROGO AND ANOTHER V. REPUBLIC, Criminal Appeal No. 19 of 2009 (Unreported)
JAMES SIAGI MATHAYO V. REPUBLIC, Criminal Appeal No. 123 of 2011 (Unreported)
Legislation cited
National Parks Act, Cap. 282 R.E. 2002
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Criminal Procedure Act, Cap. 20 R.E. 2002
Law of the Child Act, No. 21 of 2009
Source