The appellants were alleged to have been found in the Tarangire National Park in unlawful possession of three swala pala meat valued at Tshs 1,813,500/-, three did-dik meat valued at Tshs 1,162,500/- and three reedbuck meat valued at Tshs 2,092,500/- all valued at Tsh 5,068,500/- the property of Tanzania Government. Upon conviction they were sentenced to pay a fine of two million shillings or to serve a prison term of twenty years. Their appeal to the High Court was unsuccessful hence this second appeal. Appeal allowed, the Court quashed their convictions, set aside their sentences and ordered their immediate release from prison.
With the help of an informer, the accused person on 24th December 2000 at Mto wa Mbu area within Monduli District, Arusha region was found at Zanzibar guest house with two elephant tusks and three hippopotamus tusks property of the Tanzania government. The accused was found not guilty and therefore was acquitted.
On 24.11.2000, the Anti-Poaching Unit while in routine patrol heard a gun sound and responded immediately. Upon arriving at the crime scene, the Unit found the accused persons removing zebra skin they have killed using a riffle after shooting 22 rounds of ammunition. The accused persons were arrested. During trial, the prosecution tendered rifle ammunition, certificate of valuation, inventory of unclaimed properties short gun, a panga, an axe and hunting licence as exhibits. It transpired during trial that the accused license had already expired. All accused persons jumped bail. The accused was found guilty of the offences charged and sentenced in abstentia.
On 25.09.2014 Manyara Park Rangers were patrolling at Kirurumo area Manyara National Park. While patrol, the rangers met the accused and suspected him to be carrying government trophy. When the accused was stopped and searched, they were found in unlawful possession of zebra meat. The accused was found guilty and was therefore convicted.
The prosecution alleged that on 23rd March, 2012 at Kambi ya Fisi within city and region of Arusha, the accused was found in possession of one cheetah skin. According to the prosecution, the accused was in police lock up facing charges of breaking with intent to steal. The police decided to search his house in an attempt to recover some stolen items. During the search, a bag containing cheetah skin was found in the accused house. The accused denied to know the content of the bag and told the police that it belonged to a person who is visiting him. He gave the name and mobile phone number of the guest. The accused was found not guilty.
The appellant aggrieved by the decision of the District Court of Monduli in Economic Crime Case No. 8 of 2009 lodged an appeal before the High Court. The case originated from Monduli District Court Criminal Case No. 8 of 2009. The High Court allowed the appeal and quashed the decision of the trial court and set aside the sentence imposed against both appellants. The court orders both appellants to be released from prison. No re-trial has been ordered because the appellants had been detained for 21 months.
On 18.07.2000, the Tarangire National Park rangers were informed that certain villagers of Sangaiwe, of whom the appellant was one, were in possession of government trophies. They laid information to the police and made a follow up at Sangaiwe. On arrival there, they contacted the village leadership. They were led to the home of the accused and interrogated him. Upon searching the house, they recovered game meat which was identified to be that of a zebra. The appellant appealed to the High Court against both conviction and sentence and raised nine grounds which boil down to one ground that the prosecution side did not prove the case against him beyond reasonable doubt. This is an appeal from the decision of the District Court of Babati Criminal Case No. 7 of 2000. The appeal was dismissed for lack of merits and the sentence and orders were confirmed.
The appellant appealed against both conviction and sentence passed by the District Court of Karatu in economic case No. 4 of 2014. It was alleged during trial that on 30th January, 2013 at Rhotia village within Karatu District the accused was found in unlawful possession of one elephant tusk weighing 12.4 kg valued at Tshs. 10,843,800/= the property of Tanzania government. The case originated from District Court of Karatu Economic Case No. 4 of 2013. The High Court quashed trial court proceedings and judgment and set aside the sentence. The court ordered retrial before a court with competent jurisdiction.
The appellant was stood charged with the offence of unlawful possession of government trophy c/s 170 (1) and (2) of the Wildlife Conservation Act. No. 12 of 1974 read together with para 15 of the 1st Schedule and section 59 (2) of the Economic and Organized Crimes Act No. 13 of 1992 of 1984 as amended by Act No. 3 of 1992. The District Court of Babati found him guilty of the offence, convicted and sentenced to 10 years jail imprisonment as per section 70 (2) (b) (iii) of the Wildlife Conservation Act. The High Court allowed the appeal, quashed the conviction and set aside the sentence.
The appellant stood charged with the offence of unlawful possession of government trophy c/s 59 (2) of the Economic and Organized Crimes Control Act, Cap 200 R.E 2002 and section 67 (1) & 2 (b) of the Wildlife Conservation Act [Cap 283 R.E 2002]. The District court found him, guilty, convicted and sentenced him to eleven (11) years in jail imprisonment. The High Court allowed the appeal, quashed the conviction and set aside the sentence.