Tanzania Case Law

JUDGEMENT YOHANA SANGA

Court

TANZLII

The appellant was convicted for a non-existent offence as the cited statutory provisions do not create the offence of unlawful entry into a national park. On the second count, the prosecution failed to prove beyond reasonable doubt that the appellant disturbed the habitat of biological diversity, due to contradictory evidence regarding the location of the alleged offence.

Source excerpt

• Unlawful entry into national park
• Disturbing habitat of biological diversity
• Burden of proof
• Evaluation of evidence
• Interpretation of statutes

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CRIMINAL APPEAL NO

Court

TANZLII

The prosecution failed to prove beyond reasonable doubt that the appellant was within the National Park as required by law, due to lack of GPS or coordinate evidence; therefore, the convictions and sentences cannot stand.

Source excerpt

• Unlawful entry into national park
• Unlawful possession of weapons
• Unlawful possession of government trophies
• Burden of proof
• Use of gps evidence

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nyamhanga mwise muhere vs republic 2023 tzca 17813 9 november 2023

Court

TZCA

Convictions for counts one and three were quashed because count one was based on a non-existent offence and count three failed due to procedural non-compliance in disposal of perishable government trophy; conviction for count two was properly proved but appellant had already served the sentence.

Source excerpt

• Unlawful entry into national park
• Unlawful possession of weapons
• Unlawful possession of government trophies
• Procedural compliance for disposal of perishable exhibits

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leverian angelo v the republic 2023 tzhc 22406 8 november 2023

Court

TZHC

The conviction and sentence for unlawful possession of government trophy could not be sustained because the prosecution failed to prove the appellant was in possession of a protected species as listed in the relevant schedule of the Wildlife Conservation Act. The charge did not specify the correct species, and the evidence did not match the statutory requirements.

Source excerpt

• Unlawful entry into national park
• Unlawful possession of government trophy
• Unlawful possession of weapons in national park
• Standard of proof
• Evidence evaluation

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masangu limbu ghaibu another vs republic 2023 tzca 17364 28 june 2023

Court

TZCA

The Court of Appeal quashed convictions for unlawful entry and trophy possession, finding the prosecution had not proved the appellants were arrested within the park or in joint possession.

• Unlawful entry into national park
• Unlawful possession of weapons
• Unlawful possession of government trophies
• Burden of proof
• Valuation of government trophies
• Criminal-appeal

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jumapili so masanja masaga vs republic 2023 tzhc 16172 28 february 2023

Court

TZHC

The High Court allowed a criminal appeal, holding that the first two counts were not properly established and that defects in the trophy proceedings rendered the conviction a nullity.

• Unlawful entry into national park
• Unlawful possession of weapons
• Unlawful possession of government trophies
• Criminal procedure
• Evidence
• Criminal-law

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mwita so babele vs republic 2022 tzhc 14407 31 october 2022

Court

TZHC

The High Court allowed a criminal appeal, quashing convictions for unlawful entry into a national park, unlawful possession of weapons, and government trophies.

• Unlawful entry into national park
• Unlawful possession of weapons
• Unlawful possession of government trophies
• Standard of proof
• Evidence evaluation
• Criminal-appeal

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kija so shabi kadinda and onather vs republic 2022 tzhc 13477 30 september 2022

Court

TZHC

The prosecution failed to prove beyond reasonable doubt that the alleged trophies were government trophies and failed to establish the specific offence of unlawful entry into the National Park; thus, convictions and sentences cannot stand.

Source excerpt

• Unlawful possession of government trophies
• Unlawful entry into national park
• Evidentiary standards
• Wildlife conservation

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ally juma omary and another vs jonas mbonea 2022 tzhc 11093 12 july 2022

Court

TZHC

The appellants were convicted and sentenced for a non-existent offence under section 21(1)(a) of the National Parks Act, as the provision does not establish the offence of unlawful entry. Since the offences of unlawful mining and construction of pitfalls are predicated on unlawful entry, the convictions on those counts cannot stand. The prosecution failed to prove the essential elements of the offences beyond reasonable doubt.

Source excerpt

• Unlawful mining
• Unlawful entry into national park
• Possession of minerals
• Procedural irregularities
• Non-existent offence

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nyangi waitara joshua vs republic 2022 tzhc 10700 22 june 2022

Court

TZHC

The High Court allowed a criminal appeal, quashed all convictions, and set aside a 20-year sentence after finding the counts were not proved beyond reasonable doubt.

• Unlawful entry into national park
• Unlawful possession of weapons
• Unlawful possession of government trophies
• Burden of proof
• Procedural compliance
• Criminal-appeal

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