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Tanzania decisions
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The High Court partly allowed a criminal appeal, quashing a conviction for unlawful possession of a weapon in a wildlife management area but upholding a trophy-possession conviction.
The High Court upheld the conviction for unlawful possession of government trophy but reduced the sentence from 22 years to 20 years for lack of sentencing reasons.
Failure to join necessary parties, specifically the Conservation Commissioner, Tanzania Wildlife Management Authority (TAWA), and non-compliance with statutory notice requirements under section 6(2) of the Government Proceedings Act, renders the application incompetent. Misjoinder and non-joinder rules do not cure omission of necessary parties. Applicants lack locus standi as only the Village Council can represent village land. Application is struck out.
Source excerpt
The High Court allowed a wildlife-related economic appeal, quashed convictions and set aside sentences after finding procedural defects and evidentiary inconsistencies.
The High Court dismissed a criminal appeal against conviction for unlawful possession of government trophy, holding that documentary evidence and a voluntary confession proved the case.
The High Court dismissed an appeal against conviction for unlawful possession of government trophy, finding the evidence sufficient and the disposal procedure proper.
The prosecution failed to scientifically establish the nature of the trophies and did not prove the location of the offence within the statutory boundaries of the Serengeti National Park. The GPS map printout was not properly authenticated as electronic evidence, and the inventory form was not justified in lieu of physical exhibits. The trial court's conviction and sentence were not supported by admissible and sufficient evidence.
Source excerpt
The High Court dismissed a criminal appeal over unlawful possession of weapons and government trophies, upholding conviction and sentence after finding the evidence sufficient.
Conviction and sentence quashed due to insufficient identification of government trophies, defective inventory procedure, and procedural irregularities in prosecutorial consent and jurisdiction certificate.
Source excerpt
The High Court dismissed a criminal appeal challenging convictions for unlawful possession of government trophies and ammunition, upholding the 20-year sentence.
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