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Title:
Emmanuel Saguda @ Sulukuka and Sahili Wambura versus the Republic
Party:
United Republic of Tanzania
Region:
Africa
Type of document:
National - higher court
Date of text:
March 14, 2014
Data source:
InforMEA
Court name:
Court of Appeal
Seat of court:
Tabora
Reference number:
No. 422B of 2013
ECOLEX subject(s):
Wild species & ecosystems
Abstract:

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.