19700715 TZHC Mwanza2
The confiscation order was made pursuant to statutory authority and in light of the guilty plea; the trial magistrate considered mitigating factors but found some punishment and deterrence necessary.
- Citation
- 19700715 TZHC Mwanza2
- Parties
- Appellant: Bariyo; Appellant: Cosmas William; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 July 1970
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Confiscation Order, Fauna Conservation, Sentencing, Mitigating Factors
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bariyo
Appellant
Cosmas William
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the confiscation order of the canoe and fishnet was justified under the Fauna Conservation Ordinance after a guilty plea to illegal fishing in a game reserve.
Ratio Decidendi
The confiscation order was made pursuant to statutory authority and in light of the guilty plea; the trial magistrate considered mitigating factors but found some punishment and deterrence necessary.
Court Disposition
appeal dismissed
Orders
- confiscation order of canoe and fishnet upheld
- fine of shs.50/- or 14 days imprisonment in default confirmed
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