alberto mendes vs republic 2020 tzca 210 8 may 2020

The prosecution failed to prove the case beyond reasonable doubt due to broken chain of custody, illegally obtained cautioned statement, and material contradictions in witness evidence. The conviction and sentence cannot stand.

Source-derived case information.

Citation: alberto mendes vs republic 2020 tzca 210 8 may 2020
Parties: Appellant: Alberto Mendes; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 May 2020
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Narcotic Drugs, Trafficking, Chain of Custody, Evidence, Cautioned Statement, Defective Charge Sheet, Sentencing
Source Language: english

Criminal Law Narcotic Drugs Trafficking Chain of Custody Evidence Cautioned Statement Defective Charge Sheet Sentencing

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 4

Parties

Alberto Mendes

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the prosecution proved the offence of trafficking in narcotic drugs beyond reasonable doubt
2 Whether the chain of custody for the narcotic drugs was properly maintained and documented
3 Whether the cautioned statement was lawfully obtained and admissible

Ratio Decidendi

Court Disposition

appeal allowed

Orders

conviction quashed
sentence of twenty two years imprisonment set aside

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