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Emmanuel Saguda @ Sulukuka and Sahili Wambura versus the Republic

Pays/Territoire
Tanzanie, Rép.-Unie de
Type de cour
Nationale - cour supérieure
Date
Mar 14, 2014
Source
UNEP, InforMEA
Nom du tribunal
Court of Appeal
Siège de la cour
Tabora
Numéro de référence
No. 422B of 2013
Langue
Anglais
Sujet
Espèces sauvages et écosystèmes
Résumé

The appellants were found at Serengeti National Park without any written authorization. They were also armed with bows and arrows, knives, bush knives and trapping wires. It was also alleged by the prosecution that they were found in possession of government trophies.

The accused were convicted by a District court and sentenced to 12 months imprisonment or a fine of Tshs. 10,000/= on the first count; two years imprisonment or a fine Tshs. 20,000/= on the second count; three (3) years imprisonment on the third count and 30 years imprisonment or a fine of Tshs. 13,617,000 on the fourth count.

Having being aggrieved by the decision they appealed to the High court which reduced the third sentence from 30 years to 20 years imprisonment.

The appellants decided to appeal such a decision to the Court of Appeal on three grounds: (1) PW1, PW2 and PW3 were not credible witnesses, (2) it was not proved that the appellants were caught in the National Park by PW2 and PW3, (3) the court wrongly admitted the evaluation report and the inventory form, Exhibits P1 and P2.

The Court allowed the appeal, quashed the decision and set aside the sentence.