Case Law Database

Crimes that affect the environment

Offences

• Wildlife crime
• Fisheries crime

Prohibited Act

• Catching
• Acquisition/Possession/Ownership

Keywords

• Acquisition/Possession/Ownership
• Catching

The Republic v Boniface Aloyce

Fact Summary

On 26th February, 2013 the accused was found and arrested at Ituka area within Mikumi National Park while he was in possession of weapons and Government trophies contrary to the laws of the country. He was charged and prosecuted within Kilosa District Court.

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    The Republic versus Boniface Aloyce - No. 03 of 2013
  • Description

    Whether the accused person was guilty of the offences charged with, however, the accused was convicted on the evidence of four prosecution witnesses and the accused failed to prove his defence he raised, thus was duly convicted.

     

    Outcome

  • Verdict:
    Guilty
  • Defendants / Respondents in the first instance

    Defendant:
    Boniface Aloyce
    Gender:
    Male

    Charges / Claims / Decisions

    Defendant:
    Boniface Aloyce
    Legislation / Statute / Code:

    Wildlife Conservation Act  No 5 of 2009 Economic and Organized Crimes Act, Cap 200 R.E 2002.

    National Park Act Cap 282 R.E 2002

    Charge details:

    1. Unlawful possession of the Government trophies contrary to section 86(1) (2)(b) and 3 of the Wildlife Conservation Act  No 5 of 2009 read together with  para 14(d) of the 1st Schedule to and section 5791) and 60(2) of the Economic and Organized Crimes Act, Cap 200 R.E 2002.

     2. Unlawful possession of the Government trophies contrary to section 86 (2) (b) and 3 of the Wildlife Conservation Act  No 5 of 2009 read together with para 14(d) of the 1st Schedule to and section 5791) and 60(2) of the economic and Organized Crimes Act, Cap 200 R.E 2002.

    3. Unlawful entry into the National park contrary to section 21(1)(a)(b), (2) and section 29(1) of the National Park Act, Cap 282 R.E 2002

     4. Unlawful capturing of fish into the National Park contrary to section 23 (1),(2) of the National Park Act Cap 282 R.E 2002.

     5. Unlawful possession of weapons into a national park contrary to Cap 282 R.E. 2002

    Verdict:
    Guilty
    Fine / Payment to State:
    27982370  TZS  (10,000-50,000 USD)

    Total fine for all the offences and in default maximum of 5 years in jail.

    Court

    District Court, Kilosa

    Sources / Citations