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Wesiko Malyoki versus the Republic

Pays/Territoire
Tanzanie, Rép.-Unie de
Type de cour
Nationale - cour supérieure
Date
Mai 15, 2015
Source
UNEP, InforMEA
Nom du tribunal
High Court of Tanzania
Siège de la cour
Mwanza
Juge
Gwae, M.R.
Numéro de référence
No. 9 of 2015
Langue
Anglais
Sujet
Questions juridiques, Espèces sauvages et écosystèmes
Résumé

On 17/03/2012, the game officers at Ikorongo Grumeti Game reserve heard bullets loud fired in the game reserve by unknown persons. The game officers then traced the poachers but didn’t find them. On 28/03/2012, the game officers got information through the ward officer that the appellant and four others have confessed to have entered the game reserve and hunted six elephants. The ward officer was informed of the incident through complaints lodged to him by the accused, that the appellant was indebted to his colleagues after the sale of elephant’s tusks.

After arresting the accused, carcasses of the killed elephants were found through the lead of the accused.

This was an appeal against the original economic case no. 18 of 2012 of the Bunda District court, where the appellant was jointly and together charged with four others, all the four accused persons were found guilty of the first count and were sentenced to imprisonment of three years or pay a fine of  Tsh 300.000/= each.

The appellant was alone found guilty of both counts and was sentenced to twenty years imprisonment.

Being aggrieved by the decision he appealed to the High Court.

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

Texte intégral
COU-160071.pdf