19950220 TZHC Dar es Salaam
The conviction was based on overwhelming and clear evidence from police officers and the government chemist confirming the appellant's possession of heroin hydrochloride.
Source-derived case information.
- Citation
- 19950220 TZHC Dar es Salaam
- Parties
- Appellant: Omari Mohamed; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 February 1995
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- conviction and sentence upheld
- Legal Topics
- Unlawful Possession of Dangerous Drugs, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omari Mohamed
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the conviction for unlawful possession of dangerous drugs was supported by evidence
- 2 Whether the sentence imposed was excessive
Ratio Decidendi
The conviction was based on overwhelming and clear evidence from police officers and the government chemist confirming the appellant's possession of heroin hydrochloride.
Court Disposition
conviction and sentence upheld
Full Case Text
Judgment text and source record
1 paragraphs
(.Appocl from tr:.o co~1vidion. of t:.,o Kisutu il"l 's Co1,1rt &onornic Caso l:To., t) of '()9·;) R:GPUBLIC Ornari Mohamed is a..:p:poclins to this cou1~ t38ainst conviction fo:r tm.lawful possession of da:agcrous drugs ancl tho sontcnco of fifteen years imprisonmcn.t imposed on him by the c1ir.{trict court nt Kisutu, :!Jar es Sala.aJll. Tho evidence against tho a:ppollant w2,s o'iTcnrlJ.elming. Police Officers who wore acting on infonnatio;'i from an infonnor searched tho appellant on 26 Fcbrua:cy, 1991 at Udowo Stroot 1 Kariakoo area ,.r.i.thin tho City of Dar es Salaam, and ttoy recovered five packets of cL:rugs 2.liclclon in his pri vato parts. The drugs wo:ro sent to a Govorn.mo.1.1t chemist -who found that tb.oy wore horaine hyc1rochloridc weighing 1.5960 graJ,1s0 The value of tl10 cl.rue is given as G11s.5,600/=• Tho ::ioarch · Wc>,s in broad df:!.Ylight and it uas conducted in tho prosonco of ·t;hroc Police detoctivos. Tho defence by tho appellant was a more doniel · in which the appellant saicl that the only thing found in his possess:!,..~. c:.uring the soarc.b. was cash shso 13,300/=• , • 2 .. The appclla,."'lt repeats his dcuie1 of tho offence in tho l110iuorandur11 of appoal 9 but c,s tho trial ri1agi3t:rato J10ld tb.orc can be no doubt th..3,t tl1c prosecution witnossos were trutl1fulo Th.a conViction is basocl on clo2..r oviclcnco, ancl t):-.o conviction is souncl. Mro NaaJ.i, tho leaJ:noc1 State Attorney su.p1Jortoc',. tho conviction, bt:d; ho submi ttod that t11c sentence was cxco.<JsiVoo Ila urgccl t)_w oou.rt to reduce i to Ui th greatest rospoct to tho learned State 1..tto:zncy, it is common kno1-rlodgo that tho offences. of da-iJ.ine:; in, e.m1 possession of dangerous c1:rugs are on the incrasco 'l'hoso typo in its entirety. \~"'~ JU.DOE &J>ar es Salaam Appellant present Mrs, Silaa, State 4ttomey for tho Ropublico