19880319 TZHC Mtwara

Possession of government trophy without government authorisation is unlawful regardless of claims by third parties; the accused's belief in the third party's licence does not legalise possession.

Citation: 19880319 TZHC Mtwara
Parties: Prosecution: Republic; Defendant: Fidelis Mlio
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 March 1988
Procedural Posture: Criminal / Judgment
Outcome: conviction
Legal Topics: Unlawful Possession, Government Trophy, Sentencing, Forfeiture
Source Language: English

Criminal Law Wildlife Law Unlawful Possession Government Trophy Sentencing Forfeiture

Case Brief

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Parties

Republic

Prosecution

Fidelis Mlio

Defendant

Procedural Posture

Criminal / Judgment

Legal Issues

1 whether possession of government trophy was lawful
2 appropriate sentence for unlawful possession

Ratio Decidendi

Possession of government trophy without government authorisation is unlawful regardless of claims by third parties; the accused's belief in the third party's licence does not legalise possession.

Court Disposition

conviction

Orders

Accused sentenced to one day imprisonment.
Tusks forfeited to the Government and handed over to the Regional Game Officer.