Hassan Aziz Mohamed and 2 Others

Hassan Aziz Mohamed and 2 Others

The prosecution proved beyond reasonable doubt that the first and second accused trafficked heroin weighing 983.5 grams, based on credible evidence of possession, proper chain of custody, and scientific confirmation. The third accused was not sufficiently linked to the drugs and was acquitted.

Citation
Hassan Aziz Mohamed and 2 Others
Parties
Prosecution: The Republic; First Accused: Hassan Aziz Mohamed; Second Accused: Hassani Shabani Hassani; Third Accused: William Sebastian Daraja
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 September 2019
Procedural Posture
Criminal / Final Judgment and Sentencing
Outcome
first and second accused convicted and sentenced to life imprisonment; third accused acquitted
Legal Topics
Drug Trafficking, Chain of Custody, Burden of Proof, Sentencing, Possession, Evidence, Acquittal
Source Language
English
Criminal Law Economic Crimes Drug Control Drug Trafficking Chain of Custody Burden of Proof Sentencing Possession +2 more

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Parties

The Republic

Prosecution

Hassan Aziz Mohamed

First Accused

Hassani Shabani Hassani

Second Accused

William Sebastian Daraja

Third Accused

Procedural Posture

Criminal / Final Judgment and Sentencing

Legal Issues

  1. 1 Whether Exhibit P3 contains narcotic drugs (heroin) weighing 983.5 grams
  2. 2 Whether the accused persons trafficked the narcotic drugs
  3. 3 Whether the chain of custody for Exhibit P3 was properly maintained

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the first and second accused trafficked heroin weighing 983.5 grams, based on credible evidence of possession, proper chain of custody, and scientific confirmation. The third accused was not sufficiently linked to the drugs and was acquitted.

Court Disposition

first and second accused convicted and sentenced to life imprisonment; third accused acquitted

Orders

  • Exhibit P3 (heroin) and Exhibit P4 (bags/packaging) to be destroyed per Drug Control and Enforcement Act and Regulations
  • Exhibit P6 (mobile phones), Exhibit P7 (wallet), and Exhibit P8 (driving license) to be restored to respective accused persons