R. v. Salima Crim. Rev. 20-A-71; 19/5/71; Kwikima Ag. J.

R. v. Salima Crim. Rev. 20-A-71; 19/5/71; Kwikima Ag. J.

On his own plea the accused was convicted of unlawful possession of a leopard skin of the value of Shs. 1,500/-. The trial magistrate observed that: “I can only express some grave concern here that the lovely beast is being illegally hunted away in the area in question with the grievous danger that the leopard might go into extinction in this country which sorely needs foreign exchange that comes to Tanzania through tourist. As a rather stern lesson, not only to the accused but also to those irresponsible persons who carry out such whole – sale slaughter of an animal of such beauty ………..” and sentenced the accused to two years imprisonment.

Held : (1) “So carried away with feeling was he (the trial magistrate) that he could not pose to consult the law with which, ……the sentence was grossly at variance …… the maximum, term of imprisonment possible thereunder (s. 53(1) (a) (ii) Fauna Conservation Ordinance Cap. 302) is six months imprisonment for a first offender and nine months for a repeater.” (2) “…… the accused was not caught killing leopard or even skinning the carcass of one. He could not therefore be punished for some slaughter of which he might not even be responsible. At any rate the slaughter of one leopard cannot be wholesaled unless the word whole-sale has juridical grounds, grossly disproportionate and illegal.” (4) Sentence set aside; accused to pay fine of Shs. 400/- or four months imprisonment.