19780111 TZHC Tabora

IN THE HIGH COUT OF TANZANIA AT TABORA. APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO.162 OF 1976 nal Criminal Case No.496 of 1976 of the District Court ga District at Nzega - before S. J. LAWENA, R0M.). SHINDA ......................................... (APPELLANT (Original Accused) versus PUBLIC 00006000000000000000000000000000000 RESPONDENT (Original Prosecutor' Unlawful possession of Govt. Trophy c/s 67(1) (2) (a) F! of Wildlife Conservation Act No.12/74. J U D G M E N T MAPIGANO, J: The appellant Mabula Shinda was convicted of unlawful possession of Government Trophies, contra section 67 (1) and (2) (a) of the..Wildlife Conservation Act, 1974. He was sentenced to a fine of shs,10,000/= failing that to eighteen months imprisonment. He has appea1edfrom the conyiction and the sentence. The record shows that he pleaded guilty to having in his custody, in his house, one lion skin and one leopard. skin, among other trophies. He admitted before the court that he was found with the trophies and that his possession was withoit lawful authority or excuse. In the light,;f these admissions I must dismiss his counsel's bare submission thathis plea was equivocal. Ihconsequence, the appeal as relates to the conviction is dismissed, • .• • With Regard to the sentence, I understand the learned magistrate to have said apart from the fact that the appellant 4 was a first offender, he did not see any extenuating factor. Indeed, the learned magistrate was of the view that having regard to the number of trophies the appellant had, he was not a small—time poacher. I am inclined to agree with those views. I note, however, that the learned magistrate did not pause to examine carefully the punishment provisions. Underthe section, the appellant was liable to imprisonment for a term of --- - -' a .re of nt less than shs,2O A. Ifhe strongly felt that the minimum prscr-.ibed ws in'the cumtances. tod severe, then the 't5he lernë -, AC- I agi'te could have done was to L,4 '.sentée by' the Hig Court under sedtôñ 79 4(1) (b) ãfje', ' 'Act. As indicated, I see no spei1 mitigating fadtor which cu1d lead the coirt to impose, a sntence which is less ' _tHan",bbe minimum prescribed'. -. Acczrdingly, the 'sentence 'is ehthd to a fine' of- •r .,'-' ss.20,000/= h in default a tetm of impri-sonnnt e for two yea]j'. ' Pronounced in court. Mr. Kwikima absent (as usual)6 ' - Mr. Masaba for the Republic. A l - -• I D.- P. MAPIGANO, ' TABOA7 .- ' / JUDGE. .' - C -, .' ' ' ' -? •' .'