IN THE HIGH COURT OF TANZANIA TANGACRIMINAL SESSION CASE NO 19B OF 2011REPUBLIC VS KILEO BAKARI KILEO at all

IN THE HIGH COURT OF TANZANIA TANGACRIMINAL SESSION CASE NO 19B OF 2011REPUBLIC VS KILEO BAKARI KILEO at all

The court found that the 1st, 2nd, 3rd, 4th, and 5th accused acted jointly in trafficking 92.2 kg of heroin hydrochloride, based on corroborated evidence of joint travel, hotel stay, and recovery of drugs from their possession. The 6th accused was acquitted due to lack of evidence of knowledge or participation. The conspiracy count was dismissed as redundant since the substantive offence was completed.

Citation
IN THE HIGH COURT OF TANZANIA TANGACRIMINAL SESSION CASE NO 19B OF 2011REPUBLIC VS KILEO BAKARI KILEO at all
Parties
Prosecution: The Republic; Accused: Kileo s/o Bakari Kileo; Accused: Yahaya s/o Zumo Makame; Accused: Mohammadal s/o Gholamghader Pourdad; Accused: Salum s/o Mohamed Mparakasi; Accused: Said s/o Ibrahim Hamis; Accused: Bakari s/o Kileo @ Mambo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2011
Procedural Posture
Criminal Sessions / Judgment
Outcome
Conviction and sentence for trafficking narcotic drugs; acquittal on conspiracy count; acquittal of 6th accused.
Legal Topics
Drug Trafficking, Conspiracy, Sentencing, Evidence, Forfeiture
Source Language
English
Criminal Law Drug Trafficking Conspiracy Sentencing Evidence Forfeiture

Case Brief

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Parties

The Republic

Prosecution

Kileo s/o Bakari Kileo

Accused

Yahaya s/o Zumo Makame

Accused

Mohammadal s/o Gholamghader Pourdad

Accused

Salum s/o Mohamed Mparakasi

Accused

Said s/o Ibrahim Hamis

Accused

Bakari s/o Kileo @ Mambo

Accused

Procedural Posture

Criminal Sessions / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to traffic narcotic drugs
  2. 2 Whether the accused persons trafficked narcotic drugs
  3. 3 Whether the evidence established guilt beyond reasonable doubt for each accused

Ratio Decidendi

The court found that the 1st, 2nd, 3rd, 4th, and 5th accused acted jointly in trafficking 92.2 kg of heroin hydrochloride, based on corroborated evidence of joint travel, hotel stay, and recovery of drugs from their possession. The 6th accused was acquitted due to lack of evidence of knowledge or participation. The conspiracy count was dismissed as redundant since the substantive offence was completed.

Court Disposition

Conviction and sentence for trafficking narcotic drugs; acquittal on conspiracy count; acquittal of 6th accused.

Orders

  • 1st, 2nd, 3rd, 4th, and 5th accused each sentenced to 25 years imprisonment and fined TShs. 1,438,364,400/=
  • Collective fine of TShs. 7,191,822,000/=