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Bikolimana S/O Odasi @ Bimelifasi versus the Republic

Country/Territory
Tanzania, Un. Rep. of
Type of court
National - higher court
Date
Sep 19, 2013
Source
UNEP, InforMEA
Court name
Court of Appeal
Seat of court
Tabora
Judge
Mbarouk; Mandia; Mmilla
Reference number
No. 269 of 2012
Subject
Wild species & ecosystems
Abstract

The appellant was found in a game reserve to be in possession of fire arm and meat of the animals named in the species sub section below without a valid permit.

During trial he denied the facts as presented by the prosecution. The appellant was convicted by the Resident Magistrate Court of Tabora and sentenced to 15 years on 1st count, a fine of 2 million Tshs or serve ten years in case of default for 2nd count and 10 years imprisonment for 3rd count.

He appealed against the conviction and sentence to the High Court but the appeal was dismissed.

He then lodged an appeal to the Court of Appeal (1) that, prosecution witnesses contradicted themselves, (2) that, there was no consent and certificate from the DPP to confer jurisdiction on the Resident Magistrate’s Court to handle with the trial.

The Court of Appeal dismissed the appeal for lack of merits.