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Kaunguza S/O Machemba versus the Republic

Country/Territory
Tanzania, Un. Rep. of
Type of court
National - higher court
Date
Apr 23, 2015
Source
UNEP, InforMEA
Court name
Court of Appeal
Seat of court
Tabora
Judge
Luanda; Oriya; Kaijage
Reference number
No. 157B of 2013
Language
English
Subject
Wild species & ecosystems
Abstract

The appellant was sentenced by the Resident Magistrate of Shinyanga as follows; 1st Count: Entering into a game reserve. He was sentenced to custodial sentence of one year in jail. 2nd Count: Unlawful hunting in a game reserve. He was sentenced to pay a fine of Tsh. 200,000/= or one year in jail in default. 3rd Count: Being found in unlawful possession of weapon in a game reserve. He was sentenced to pay a fine of Tsh. 150,000/= or one year jail in default. 4th Count: Unlawful possession of Government trophies. He was sentenced to 20 years imprisonment without an option of a fine.

He appealed against the decision to the high court which upheld the decision of the Resident magistrate but changed the sentencing of the fourth count to a fine of TZH 54,600,000/= failure to pay will serve jail sentence for a period of 20 years.

The appellant is appealing against the decision of the High Court to pay a fine in the tune of TZS 54,600,000 failure of which has resulted in serving alternative jail sentence of 20 years for being guilty of possessing government trophy.

On appeal the state attorney for the respondent raised a jurisdiction issue and prayed that the case goes for a retrial.

The Court of Appeal Quashed all the decisions of the subordinate courts, set aside the sentences and ordered the appellant to be released from jail.