19700221 TZCA Dar es Salaam

CRIMINAL AP EAL No. 94 of 1970 Original Criminal Cass No. 324 of 1969 ,of the District Gou.rt of Sillgida District at Singida. Before: A. B. Lugendo Esq., District 61agistr.;:tte. DANIEL MGANGA ••• ••• APPEL.LANT versus THE .REPUBLIC ••• ••• RfilSPONDENT CHARGE: Being in u.o.lawful possession of Government trophiest oontr ,ry to sections 49 aAd. 53 of the Fauna Coaservation Ordi11a11oe. ORDER HAMLYNt J • ..;,, The accusL?a was collvic'bed in the District Court of Singid.a of an offence of being in unlawful possession of Government trophiest contrary to sections 49 and 53 of the FQuna Conservation Ordinance, and was sentenced. to pay a fine of shs. 600/• or in ,def aa.lt to 6 mo.ttths imprisonment. The fine was duly paid.. Conviction. wao had on 28th October, l.969. , 011 13th January, 1970 the accused presented a long Petition of Appeal to this Court setting out certain al.legations against a former District Magistrate in co.nnexion with the offence commltted by him. I would note that, if the allegat.ions ·contained in his Petition were truet they would .not absolve the write from conviction.; they J would merely indioute that another persol'l should have been charged also with a simila1, offence .. There can be Ao doubt 011 perusal ot the Oouz-t record that the accused ill this case very clearly pleaded ffguilty" to the charge when it was pt1t to him. Thereafter a summary of the faots oonstituti11g the offence 'Was given to the Court alld agaifl. the accused man agreed to them aa being correct. X th.ink,that there oan. be no doubt whatever that the accused was fully awa.re of his plea; more'llr.v'er, according tQ f his own statement in, the Petition bf Appeal, he was formel:'ly acti11g ae a Court·G1erk 1 and if' such be the case, he fl:lUSt have been fully aware of the whole procedure in the District Courts. I have no doubt whatever that the accused properly pleased. te ·~h;;i ehat'ge and this being the case 1 .110 appeal lies again the 0011viction. The sen·tence imposed after ( cenviotion ia most reasonable. The appeal application has bee.a file no less th.n. three mon'ths after the conviction, 110 reason having bee.n given for such d.elay,f i..n view of thist I do not think that this Court shoul<l extend the time £or such appeal under its powers under section 31.4 of the Criminal Procedure Code; AO :reasons having been .given for such procedure ta be adopted. The application is consequently rejeoted11 If there be any truth i.n the somewh.d: f'an.taatic allegations set out in this Petition ( which is in the form of~ letter to this Court) then it is of ooc_rse open to the accused to inform the police, so that proceedings may be -taken. by them against the person oonoer.ned for whateiver offence under the ll1auna Conservation Ordin.anoe .he may have committed. Dar es Salaam. 21st Feb1"llal.l'T, l~no.• Judge. I ' •