director of public prosecution vs magembe so mbunda malongo another 2023 tzhc 22448 9 november 2023
The court held that section 29(2) of the National Park Act, Cap 282, grants the trial court discretion to order forfeiture and does not make it mandatory. The trial magistrate properly exercised this discretion in releasing the cows, as the prosecution failed to prove the extent of disturbance to the habitat. The appeal was dismissed as both grounds lacked merit.
Source excerpt
- Forfeiture
- Sentencing discretion
- Burden of proof
- Wildlife protection
- Statutory interpretation