19740201 TZHC Arusha
The original sentence was manifestly lenient given the deliberate nature of the crime and the high value of the government trophies; a harsher penalty is warranted to deter similar offences.
Source-derived case information.
- Citation
- 19740201 TZHC Arusha
- Parties
- Appellant: The Republic; Respondent: Daniel S/O Mutisia
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 February 1974
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Unlawful Possession of Government Trophies, Sentencing, Wildlife Conservation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Republic
Appellant
Daniel S/O Mutisia
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for unlawful possession of government trophies was appropriate given the value and nature of the offence
Ratio Decidendi
The original sentence was manifestly lenient given the deliberate nature of the crime and the high value of the government trophies; a harsher penalty is warranted to deter similar offences.
Court Disposition
appeal allowed
Orders
- Original sentence set aside.
- Fine of 12,000/- or 15 months imprisonment in default imposed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT ARUSHA APPELLATE JURISDICTION. HIGH COURT CRIMINAL APPEAL NO0 19 OF 1974 ORIGINAL CRIMINAL CASE NO0 1 OF 1973 OF THE DISTRICT COURT OF ARUHA DISTRICT AT ARUSHA Before L. Mwamasika, Esq0, Resident Magistrate THEREPUBLIC APPELLANT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (Original Prosecutor) N versus DANIELS/OMUTISIAO000O 0O00O0000000O00 RESPONDENT (Original Accused) CHARGE: Being in unlawful possession of Government Trophies c/s 49(1) and 53(1)(a) of the Fauna Consarvation Ordinance0 JUDGMEI4T Makame, J. The respondent and two others who have already been dealt with were convicted of the offence of Being in unlawful possession of government trophies0 They were found with 46 Elephant tusks, 33 Zebra skins, and 'one Lion skin, all worth shs0 69,500/- They were each sentenced to paya fine of shs0 2,000/- or 9 months in default0 The Prosecution was disenchanted by the sentence so there was an appeal0 When the appeal came up for hearing before Bramble J. the present repondent had, I am satisfied despite his present protestation to the contrary, jumped bail, so only the other two were proceeded with0 The respondent and his companions committed a calculated and very deliberate crime0 They obviously encouraged illegal killing of wild life and also defrauded public revenue0 The 3 sentence imposed by the learned Resident Magistrate was patently lenient taking into account the value of the trophies0 The respondent has said nothing worthwhile in resistance of the appeal which I accordingly allow0 I set aside the sehtence imposed and substitute for it a fine of 12,000/- or 15 months in default0 Mr0 Osinde for the Republic Respondent present in person0 . Delivered in Courtat Arusha, this 1st day of February, 1974 /cwm (L0 M. MAKAME) JUDGE