20180523 TZHC Dar es Salaam

The absence of an endorsed certificate and consent from the DPP in the proceedings renders the trial a nullity, requiring the proceedings to be quashed and a retrial ordered.

Citation: 20180523 TZHC Dar es Salaam
Parties: Appellant: Alex John Sam; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 May 2018
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: proceedings quashed, retrial ordered
Legal Topics: Possession of Government Trophies, Requirement of DPP Consent, Economic and Organised Crime Control, Quashing of Proceedings, Retrial
Source Language: English

Criminal Law Wildlife Law Criminal Procedure Possession of Government Trophies Requirement of DPP Consent Economic and Organised Crime Control Quashing of Proceedings Retrial

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Parties

Alex John Sam

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the absence of an endorsed DPP consent and certificate invalidates the proceedings
2 Whether the appellant was properly convicted for possession of government trophies

Ratio Decidendi

The absence of an endorsed certificate and consent from the DPP in the proceedings renders the trial a nullity, requiring the proceedings to be quashed and a retrial ordered.

Court Disposition

proceedings quashed, retrial ordered

Orders

Proceedings quashed for being a nullity
Retrial ordered before a court of competent jurisdiction