Mkindi v. R. Crim App. 326-A-70; 2/3/71; Kwikima Ag. J.

Mkindi v. R. Crim App. 326-A-70; 2/3/71; Kwikima Ag. J.

The appellant was charged with “being in possession of Government trophy c/s 49(1) and 53(a) of Fauna Conservation Ordinance cap. 302 of the Laws”. His plea was recorded as follows: “I was in unlawful possession of the leopard skin.” Giving the facts the prosecutor stated, inter alia, that the appellant “had no licence to deal in leopard skins nor was he authorized to possess the same”. The appellant admitted that the facts were correct and was convicted on his own plea of guilty.

Held: (1) “The advocate for the appellant urges me to allow the appeal on the ground that the charge disclosed no offence for the simple reason that the word “unlawful” was not included in the charge ……….. it is quite clear that the Tanzanian Section [49(1) does not create several offences it creates only one to which the word was pleaded by the appellant ……… for this reason I would distinguish the Uganda case [of Yosefu and Another v. Uganda (1969) E. A. 236]. (2) “In view of the facts that the ingredients of the offence were fully disclosed to the appellant before he was convicted on his own plea ….. I do not think any failure of justice was occasioned to him especially as he did not object earlier on.” (3) Appeal against conviction dismissed.