song lei vs director of public prosecutions others 2019 tzca 265 30 august 2019

song lei vs director of public prosecutions others 2019 tzca 265 30 august 2019

Song Lei, as owner and person in control of the vehicle, had knowledge and possession of the rhino horns regardless of who physically placed them in the secret chamber. The chain of custody for the horns was not broken, and the prosecution proved the charges against Song Lei beyond reasonable doubt. For Xiao Shaodan, Chen Jianlin, and Hu Liang, the prosecution failed to prove knowledge or possession beyond reasonable doubt; mere suspicion and their conduct were insufficient for conviction.

Citation
song lei vs director of public prosecutions others 2019 tzca 265 30 august 2019
Parties
Appellant (in Appeal No. 16'a' of 2016) / Respondent (in Dpp's Appeal): Song Lei; Respondent (in Appeal No. 16'a' of 2016) / Appellant (in Appeal No. 16 of 2017): Director of Public Prosecutions; Respondent (in Dpp's Appeal): Xiao Shaodan; Respondent (in Dpp's Appeal): Chen Jianlin; Respondent (in Dpp's Appeal): Hu Liang
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 August 2019
Procedural Posture
Criminal Appeal (consolidated) / Judgment on Second Appeal (court of Appeal of Tanzania)
Outcome
Song Lei's appeal dismissed; DPP's appeal against Xiao Shaodan, Chen Jianlin, and Hu Liang dismissed.
Legal Topics
Organized Crime, Unlawful Possession of Government Trophies, Chain of Custody, Knowledge and Possession, Standard of Proof in Criminal Cases
Source Language
English
Criminal Law Wildlife Law Evidence Organized Crime Unlawful Possession of Government Trophies Chain of Custody Knowledge and Possession Standard of Proof in Criminal Cases

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Parties

Song Lei

Appellant (in Appeal No. 16'a' of 2016) / Respondent (in Dpp's Appeal)

Director of Public Prosecutions

Respondent (in Appeal No. 16'a' of 2016) / Appellant (in Appeal No. 16 of 2017)

Xiao Shaodan

Respondent (in Dpp's Appeal)

Chen Jianlin

Respondent (in Dpp's Appeal)

Hu Liang

Respondent (in Dpp's Appeal)

Procedural Posture

Criminal Appeal (consolidated) / Judgment on Second Appeal (court of Appeal of Tanzania)

Legal Issues

  1. 1 Whether Song Lei had knowledge and possession of the rhino horns found in his vehicle
  2. 2 Whether the chain of custody for the rhino horns was broken
  3. 3 Whether the acquittal of Xiao Shaodan, Chen Jianlin, and Hu Liang was proper

Ratio Decidendi

Song Lei, as owner and person in control of the vehicle, had knowledge and possession of the rhino horns regardless of who physically placed them in the secret chamber. The chain of custody for the horns was not broken, and the prosecution proved the charges against Song Lei beyond reasonable doubt. For Xiao Shaodan, Chen Jianlin, and Hu Liang, the prosecution failed to prove knowledge or possession beyond reasonable doubt; mere suspicion and their conduct were insufficient for conviction.

Court Disposition

Song Lei's appeal dismissed; DPP's appeal against Xiao Shaodan, Chen Jianlin, and Hu Liang dismissed.

Orders

  • Conviction and sentence against Song Lei for counts 2 and 3 upheld.
  • Acquittal of Xiao Shaodan, Chen Jianlin, and Hu Liang confirmed.