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Tanzania decisions
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The High Court allowed a wildlife-related economic appeal, quashed convictions and set aside sentences after finding procedural defects and evidentiary inconsistencies.
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.
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The High Court dismissed a criminal appeal over unlawful possession of weapons and government trophies, upholding conviction and sentence after finding the evidence sufficient.
The trial court lacked jurisdiction due to defective certificate and consent, which failed to refer to all offences cited in the charge sheet; thus, the proceedings, conviction, and sentence are nullified and a retrial is ordered.
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The High Court held that Biharamulo District Court lacked territorial jurisdiction over offences committed in Chato District, quashed the conviction, and ordered a fresh trial in Chato District Court.
The High Court allowed a criminal appeal over wildlife offences, quashing the conviction after finding exhibit and proof defects and ordering release unless lawfully held.
Prosecution failed to prove beyond reasonable doubt that appellant was arrested within statutory boundaries of Serengeti National Park, failed to establish reliability and admissibility of electronic evidence (GPS map), and expert evidence on trophy identification was insufficiently scientific; trial court's conviction and sentence are unsustainable.
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The High Court dismissed a criminal appeal, upholding conviction and sentence for unlawful possession of weapons and wildebeest meat in Serengeti National Park.
The absence of key exhibits in the electronic case file (eCMS) made it impossible for the appellate court to ascertain the accuracy and authenticity of the evidence relied upon for conviction, thereby undermining the conviction and sentence.
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The appeal was dismissed because the prosecution proved beyond reasonable doubt that the appellants unlawfully entered the game reserve, possessed weapons and government trophies without permit, and the inventory was properly admitted as evidence due to the perishable nature of the trophies. There was no contradiction regarding the place of arrest, and the chain of custody and identification of exhibits were properly established.
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