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Daudi S/O Chacha @ Marwa versus the Republic

País/Territorio
Tanzanía, Rep. Unida de
Tipo de la corte
Nacional - corte superior
Fecha
Oct 12, 2015
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Tanzania
Sede de la corte
Mwanza
Juez
Gwae
Número de referencia
No. 100 2014
Idioma
Inglés
Materia
Especies silvestres y ecosistemas
Resumen

On the material date, the appellant is alleged to be seen carrying a luggage by the patrol officer, when he was asked to stop he ran. He was chased and eventually caught, arrested and searched where he was found in possession of four pieces of dried meat.

The accused denied the possession by simply stating that he was carrying a luggage of maize and that on the material date when the court order allowing destruction of the alleged dried meat was about to be tendered, he raised an objection stating that it was not wildebeest meat, it was cow’s meat.

His objection was not considered. He was found guilty and sentenced to 15 years imprisonment.

The appellant was dissatisfied with the trial decision and therefore appealed on the grounds inter alia, that the trial magistrate erred in law and that the case was poorly investigated. This was an appeal against the original criminal case no. 48 of 2013 of the Tarime District court, where the accused was alleged to have been caught with four pieces of dried meat of a wildebeest and therefore charged and convicted of an offence of being in possession of government trophies, namely wildebeest meat worth Tshs. 1,040,000/=.

The appeal was allowed, the court quashed the decision, set aside the sentence and ordered the immediate release of the appellant from prison.