20120223 TZHC Dar es Salaam1

20120223 TZHC Dar es Salaam1

The 1st and 7th accused were found guilty of carrying out fishing activity in the Tanzanian EEZ without a valid licence and for causing pollution by disposing fish waste into the sea. The evidence, both direct and circumstantial, established that the ship was engaged in fishing in the EEZ, lacked a valid licence, and failed to retain fish waste for port disposal. The 9th, 33rd, and 34th accused were acquitted as there was no evidence of their responsibility or involvement in the offences.

Citation
20120223 TZHC Dar es Salaam1
Parties
Prosecution: Republic; 1st Accused (captain): Hsu Chin Tai; Agent of Ship (represented by Individual): Sunflower Trading Company (SUNSA) / 7th accused; Co Accused (petty Businessman): 9th accused; Engineer (crew): 33rd accused; Engineer (crew): 34th accused
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 2012
Procedural Posture
Criminal Session Case / Judgment
Outcome
1st and 7th accused convicted on 1st count (illegal fishing); 1st accused convicted on 2nd count (pollution); 9th, 33rd, and 34th accused acquitted on all counts; 7th and 9th accused acquitted on alternative count (accessory after the fact).
Legal Topics
Illegal Fishing, Marine Pollution, Exclusive Economic Zone (eez), Forfeiture of Property, Criminal Liability of Ship Agents and Crew
Source Language
English
Criminal Law Environmental Law Maritime Law Illegal Fishing Marine Pollution Exclusive Economic Zone (eez) Forfeiture of Property Criminal Liability of Ship Agents and Crew

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Republic

Prosecution

Hsu Chin Tai

1st Accused (captain)

Sunflower Trading Company (SUNSA) / 7th accused

Agent of Ship (represented by Individual)

9th accused

Co Accused (petty Businessman)

33rd accused

Engineer (crew)

34th accused

Engineer (crew)

Procedural Posture

Criminal Session Case / Judgment

Legal Issues

  1. 1 Whether the accused carried out fishing activity in the Tanzanian EEZ without a valid licence
  2. 2 Whether the accused caused pollution and degradation of the marine environment by disposing fish waste and oil into the sea
  3. 3 Whether the 7th and 9th accused were accessories after the fact

Ratio Decidendi

The 1st and 7th accused were found guilty of carrying out fishing activity in the Tanzanian EEZ without a valid licence and for causing pollution by disposing fish waste into the sea. The evidence, both direct and circumstantial, established that the ship was engaged in fishing in the EEZ, lacked a valid licence, and failed to retain fish waste for port disposal. The 9th, 33rd, and 34th accused were acquitted as there was no evidence of their responsibility or involvement in the offences.

Court Disposition

1st and 7th accused convicted on 1st count (illegal fishing); 1st accused convicted on 2nd count (pollution); 9th, 33rd, and 34th accused acquitted on all counts; 7th and 9th accused acquitted on alternative count (accessory after the fact).

Orders

  • 1st and 7th accused to pay a fine of Tshs. 1,000,000,000 or serve 20 years' imprisonment (1st count)
  • 1st accused to pay a fine of Tshs. 20,000,000,000 or serve 10 years' imprisonment (2nd count); sentences to run concurrently