republic vs joseph chukwuemeka nwabunwanne 2019 tzhc 50 23 october 2019

republic vs joseph chukwuemeka nwabunwanne 2019 tzhc 50 23 october 2019

The prosecution proved beyond reasonable doubt that the accused was found with 83 pellets of heroin through search, voluntary surrender, and defecation; expert evidence confirmed the pellets were heroin; chain of custody was properly maintained; accused was exporting narcotic drugs, amounting to trafficking under the law.

Citation
republic vs joseph chukwuemeka nwabunwanne 2019 tzhc 50 23 october 2019
Parties
Prosecution: Republic; Accused: Joseph Chukwuemeka Nwabunwanne
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2019
Procedural Posture
Criminal Sessions Case / Judgment
Outcome
Conviction
Legal Topics
Trafficking in Narcotic Drugs, Chain of Custody, Expert Evidence
Source Language
English

Case Brief

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Parties

Republic

Prosecution

Joseph Chukwuemeka Nwabunwanne

Accused

Procedural Posture

Criminal Sessions Case / Judgment

  1. 1 Whether 83 pellets were seized from the accused through search, voluntary surrender, and defecation
  2. 2 Whether the 83 pellets were narcotic drugs
  3. 3 Whether the chain of custody was properly maintained

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused was found with 83 pellets of heroin through search, voluntary surrender, and defecation; expert evidence confirmed the pellets were heroin; chain of custody was properly maintained; accused was exporting narcotic drugs, amounting to trafficking under the law.

Court Disposition

Conviction

Orders

  • Accused convicted for trafficking in narcotic drugs contrary to section 16(1)(b)(i) of Drugs and Prevention of Illicit Traffic in Drugs Act, Cap 95 R.E. 2002