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Tanzania decisions
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The High Court allowed a criminal appeal after finding the prosecution failed to prove chain of custody for seized government trophies, quashing the conviction and 10-year sentence.
The trial court lacked jurisdiction to try the economic offences due to absence of certificate conferring jurisdiction; proceedings, conviction, and sentence are nullities. Retrial is not ordered as it would allow prosecution to fill evidentiary gaps, contrary to established legal principles.
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The High Court allowed a criminal appeal, quashed the conviction and set aside the sentence after finding doubts and procedural irregularities in the prosecution case.
The prosecution failed to prove the offences of unlawful hunting, possession, and dealing in government trophy against the first, second, and third appellants beyond reasonable doubt; convictions based on retracted confessions without corroboration and on defective charges were unsafe; conviction under a repealed statute is a nullity; only the fourth appellant was proved to be in actual possession of government trophy and his conviction and sentence (with modification) were upheld.
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The trial and appellate proceedings were a nullity because the consent to prosecute economic offences was issued by an unauthorized officer under the wrong statutory provision, and the certificate and consent did not cite the correct charging provisions. The trial court therefore lacked jurisdiction. Retrial was not ordered as it would prejudice the appellants by allowing the prosecution to fill evidentiary gaps.
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The prosecution failed to prove the charges beyond reasonable doubt due to contradictions in evidence, lack of scientific proof of the meat's origin, absence of certificate of seizure, and lack of written confession or corroborating police testimony. Procedural irregularities and evidentiary gaps vitiated the conviction.
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The conviction and sentence cannot be sustained due to insufficient evidence and unresolved doubts regarding possession of the government trophy.
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Criminal appeal over unlawful possession of government trophy. The High Court upheld convictions, finding the presumption of possession was not rebutted.
The High Court dismissed two criminal appeals over unlawful possession of elephant tusks, while varying one conviction to exclude two tusks found in a ceiling.
The High Court held that the appellants’ guilty plea was equivocal because the prosecution facts did not disclose the offence charged, and ordered a new trial.
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