19761213 TZHC Tabora

N1 -- —/r—fb1' IN THE HIGH COURT CF TANZANIA AT TABORA APPELL!TE JUPISDICTIC .1 (Tabbra g'sr) (Hc) CRIMINAL APPEALNO. 181 OF 1976 OThI G1N1 L ,CRtNi OJ 4 5. 0 i 97 6 OF THE tOUT tF r;ISR1GT' AP. ' 0. ZEGi Before: S. J. Lawna, R/Magistrate: CHAPGE:TUnaw'L jsession ofGovernment trophy c/s 67(1) (2). of the Vil .alif el Conservation Act No. 12/74. ... ... . )4AIKU MPAND1JZI. a-a....., a...... - a i (Original Accused) versus .•. ., .. ,. THE REIUBLIC •.. a I a a. . a a . . a •• • a a • • a a a a . . . RESPONDENT (Original Prosecutor) JUDGMENT =============== MAPIGANO, J: The appellant MAIKU MPANDUZI was øozivicted at Nzega District. Court of unlawful possession of Government trcphy, under Section 67 (1) and (2) of the 1 i1dlife Conservation Act, 1974, and sentenced to two years imprisornnt. l is well that Counsel for the apellant abandoned the appeal from the conviction. As he himself pointed out, the appellant pleaded guilty to the offence in no uncertain language and categorically subscribed to the truth of the brief account,. concerning the incident, which the prosecutor gave. That account fully disclosed the offence. Therefore, under the provision .of section 313 C.P.-., this Court has no power to entertain his appeal against, the conviction. . That leave's, the question of sentence. The trophies involved were three lion skins and one skin of a common duiker. Their value was put at Shs. 15,0501=.. The 1erned Magistrate surmised that the appellant was "a very good poachex"' who desrved to be treated with severity. He therefore. gave him the minimum sentence provided for the offence. It is argued on behalf of the appellant that the sentence was unduly h6h., especially taking into consideration the age of the. appellant. I wastold.that'appellant is approaching eighty and that the custodial punishment. might bring about quite undesirable effects on his well being. There is some substance in that contention. Certainly, he is full of years.. He looks frail and depressed and it is likely that a term of imprisonment of such duration can adversely affect his hea1th. The Republic agreesi Besides,. I am now given to understand from the bar that he h - d been allowed by the authorities to hunt and kill the lions, The lions had for sometime prowled about in soarcI for prey and had on certain occasions killed his cattle. •. 6 . a 0 0 .,.. /2 -2- Of course thi,w• iddefence to the prsent charge, but, in r'y view, if that s the'case it would sdrve o nitig -' te his offence. 'It would sugest that his unlawf:ul possession of the lion skins could larg1y have been due to sheer ignorance of the law. For these reasons, I"tikhe'deserves, lenincy. I will invoke my powers undei' Section,79 (3) of the 3i1d1ife Conservation 1ct and reduce the'rsentence. -.t.. js lighted to such a term of lmpiisonment as wi.i. rsult i nto his imrdiatcc discharge from jail. ..................... I'! L :. ..... :4 d : Tabora, 1 ,.T\. ' - ' ' • • f• S S , ...... 1 3th December, 1976. , . JUDGE. Mr,. ;'reemba for the RepubJ4 S Infor the Ap1ui 1'- '- ....... iic 'khF.r .............. 7. ........ .V ...... T ''................. . ....... :. t - . 'V . zJi if. UUTZV.a .. j:j - '.-. q, -'-- 1; _.i •)ne i1 J '( 7' '.') '';I.f• ' S . t - Y .)". ) L ' . ' :- -' • . ',, . . - :': . • .f' , -. . sw . --: ;c.').j .'-. '.j,•' ..........ri 1j iIT ..;-j;j " --' . •' . . ..,;. F)U7 E ......... . .;':. .---: 1 ...... . -."...'F.'j.;j ; S ; '. ......... ' - ' .. ' - • .i.J . ' -.