republic vs lengume lenemas lesei 2020 tzhcced 36 23 july 2020

republic vs lengume lenemas lesei 2020 tzhcced 36 23 july 2020

The accused was found in possession and in the process of selling an elephant tusk, a government trophy, without a permit. The prosecution proved its case beyond reasonable doubt, the chain of custody was properly maintained, and the accused failed to rebut the presumption of unlawful possession and dealing as required by law.

Citation
republic vs lengume lenemas lesei 2020 tzhcced 36 23 july 2020
Parties
Prosecution: Republic; Accused: Lengume Lenemas Lesei
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 July 2020
Procedural Posture
Criminal (economic and Corruption Offence) / Judgment and Sentencing
Outcome
Conviction and sentencing of the accused on both counts.
Legal Topics
Unlawful Possession of Government Trophy, Unlawful Dealing in Government Trophy, Chain of Custody, Burden of Proof, Sentencing for Economic Crimes
Source Language
English
Criminal Law Wildlife Law Economic Crimes Unlawful Possession of Government Trophy Unlawful Dealing in Government Trophy Chain of Custody Burden of Proof Sentencing for Economic Crimes

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Parties

Republic

Prosecution

Lengume Lenemas Lesei

Accused

Procedural Posture

Criminal (economic and Corruption Offence) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused was found in possession of the elephant tusk
  2. 2 Whether the accused was found selling the government trophy
  3. 3 Whether the chain of custody was maintained

Ratio Decidendi

The accused was found in possession and in the process of selling an elephant tusk, a government trophy, without a permit. The prosecution proved its case beyond reasonable doubt, the chain of custody was properly maintained, and the accused failed to rebut the presumption of unlawful possession and dealing as required by law.

Court Disposition

Conviction and sentencing of the accused on both counts.

Orders

  • Accused sentenced to twenty (20) years imprisonment for each count, sentences to run concurrently.
  • Exhibit P2 (elephant tusk) forfeited to the Government of the United Republic of Tanzania through the Director of Wildlife.