Kaunguza S/O Machemba versus the Republic - No. 157B of 2013

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

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. 3rd Count: Being found in unlawful possession of weapon in a game reserve. He was sentenced to pay a fine of Tsh. 150,000/= or one year jail in default. 4th Count: Unlawful possession of Government trophies. He was sentenced to 20 years imprisonment without an option of a fine. He appealed against the decision to the high court which upheld the decision of the Resident magistrate but changed the sentencing of the fourth count to a fine of TZH 54,600,000/= failure to pay will serve jail sentence for a period of 20 years. The appellant is appealing against the decision of the High Court to pay a fine in the tune of TZS 54,600,000 failure of which has resulted in serving alternative jail sentence of 20 years for being guilty of possessing government trophy. On appeal the state attorney for the respondent raised a jurisdiction issue and prayed that the case goes for a retrial. The Court of Appeal Quashed all the decisions of the subordinate courts, set aside the sentences and ordered the appellant to be released from jail.

Language of document
English
Reference number
No. 157B of 2013
Charges
(1) unlawful entry into a game reserve, (2) unlawful hunting in the game reserve, (3) being found in unlawful possession of weapon in a game reserve, (4) unlawful possession of Government trophy.
Money value
-
Transnational
No
Decision
The Court of Appeal quashed all the decisions of the subordinate courts, set aside the sentences and ordered the appellant to be released from jail.
Appealed
No
Penalty
-
Court cases cited
Emmanuel Rutta V. R, Criminal Appeal No. 357 of 2014 (CAT-Unreported)
Fatehali Manji V.R, [1966] EA 343 the Court of Appeal of East Africa
Legislation cited
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Appellate Jurisdiction Act, Cap. 141 R.E. 2002
Source