sano sadiki another vs republic 2023 tzca 17476 9 august 2023

sano sadiki another vs republic 2023 tzca 17476 9 august 2023

The appeal was dismissed because the charge was sufficient, the chain of custody was adequately maintained, failure to label exhibits at the scene was explained and not prejudicial, the absence of the vehicle as an exhibit was not fatal, contradictions in testimony were minor, defence evidence was considered, extrajudicial statements were properly admitted, interpreter was not required, and the sentence was lawful except that time spent in remand must be deducted from the custodial sentence.

Citation
sano sadiki another vs republic 2023 tzca 17476 9 august 2023
Parties
Appellant: Sano Sadiki; Appellant: Tukure Ally; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 August 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed with variation of sentence
Legal Topics
Illicit Trafficking in Narcotics, Chain of Custody, Defective Charge, Interpreter Rights, Sentencing, Admissibility of Evidence
Source Language
English
Criminal Law Illicit Trafficking in Narcotics Chain of Custody Defective Charge Interpreter Rights Sentencing Admissibility of Evidence

Case Brief

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Parties

Sano Sadiki

Appellant

Tukure Ally

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the charge/information was defective for not disclosing ingredients of the offence
  2. 2 Whether the chain of custody for the narcotics was broken
  3. 3 Whether failure to label exhibits at the scene prejudiced the appellants

Ratio Decidendi

The appeal was dismissed because the charge was sufficient, the chain of custody was adequately maintained, failure to label exhibits at the scene was explained and not prejudicial, the absence of the vehicle as an exhibit was not fatal, contradictions in testimony were minor, defence evidence was considered, extrajudicial statements were properly admitted, interpreter was not required, and the sentence was lawful except that time spent in remand must be deducted from the custodial sentence.

Court Disposition

appeal dismissed with variation of sentence

Orders

  • Appeal dismissed
  • Custodial sentence reduced to thirteen years and three months from 05/11/2021 after deducting six years and nine months spent in remand