19700930 TZHC Dar es salaam3

19700930 TZHC Dar es salaam3

The appellant deliberately sent away the viscera to avoid inspection, which constituted a failure to produce the animal carcass as required by law. The Veterinary Officers were entitled to demand the viscera as part of the carcass. The original sentence was varied to correct an illegality, but the conviction and substantive penalty were upheld.

Citation
19700930 TZHC Dar es salaam3
Parties
Appellant: Appellant; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed with variation of sentence
Legal Topics
Failure to Produce Animal Carcass, Veterinary Inspection, Public Health Offences
Source Language
English
Criminal Law Public Health Law Failure to Produce Animal Carcass Veterinary Inspection Public Health Offences

Case Brief

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Parties

Appellant

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant failed to produce the animal carcass (including viscera) when required by a Veterinary Officer
  2. 2 Whether the Veterinary Officers had authority to demand the viscera as part of the carcass
  3. 3 Whether the sentence imposed by the lower court was appropriate

Ratio Decidendi

The appellant deliberately sent away the viscera to avoid inspection, which constituted a failure to produce the animal carcass as required by law. The Veterinary Officers were entitled to demand the viscera as part of the carcass. The original sentence was varied to correct an illegality, but the conviction and substantive penalty were upheld.

Court Disposition

appeal dismissed with variation of sentence

Orders

  • Sentence varied: fine increased to Shs.1000/- or three months imprisonment; alternative of four months imprisonment set aside as illegal.
  • Appeal against conviction and sentence otherwise dismissed.