19950607 TZHC Dar es Salaam2
The conviction was quashed because the prosecution failed to provide sufficient evidence, including expert evidence, to prove that the substance in question was bhang, resulting in a misdirection by the trial magistrate.
Source-derived case information.
- Citation
- 19950607 TZHC Dar es Salaam2
- Parties
- Appellant: Shukuru Ally Mnyamani; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 June 1995
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Unlawful Possession of Bhang, Standard of Proof, Misdirection by Trial Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shukuru Ally Mnyamani
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the prosecution proved beyond reasonable doubt that the appellant was in unlawful possession of bhang
- 2 Whether the trial magistrate misdirected himself in convicting the appellant
Ratio Decidendi
The conviction was quashed because the prosecution failed to provide sufficient evidence, including expert evidence, to prove that the substance in question was bhang, resulting in a misdirection by the trial magistrate.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
Judgment text and source record
1 paragraphs
·, ." •" :. . t ·.~IC:: Ufa·~ ~ ' .. • IN THE HIGH COURT OF TANZANIA ' I At Dar es Salaam • ,' APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO. f77 OF 1994 . . ORIGINAL CRIMINAL CASE NO. 50 OF 1994 OF THE DISTRICT COURT OF BAGAMOYO DIS+RICT AT BAGAMOYO Before:- MTANDA Esq., District Magistrate • SHUKURU ALLY MNYAMANI ............ APPELLANT (Original Accused) Versus <' THE REPUBLIC . . . . . . . . . . . . . . . . . . . . RESPONDENT (Original· Accused) J U D G E M E N T ·- . E. A. KILEO, PRM. (EXT. JURISDICTION) Shukuru Ally Mnyamani was convicted of being in unlawful possession of bhang c/s 2 (b) of the cultivation of Noxious plants (Prohibition) Ordinance Cap 134. The District Court of . Bagamoyo which had tried him in its Criminal case No. 50 of 1994, . having· found him guilty sentenced him to a fine of 10,000 shillings, or in default to serve a three years prison term. Being aggrieved by both conviction and sentence the appellant has submitted to this court a memorandum of appeal consisting of six grounds which all centre on the major ground ... that the trial magistrate misdirected himself in concluding tha't the charge had been proved against the appellant.without there ' _41,..,..... ' ' 3 was there any other expert evidence supplied to prove that 'the contents of the parcels found in appellant's possession .{,, was bhang. I am in complete agreement with the learned State Attorn~y that the prosecution had totally failed to prove its case against the appellant and that the conviction arrived at was base4 on a misdirection. Had the learned trial magistrate properly addressed himself to the law and evidence before him he would have found the case for the prosecution not proven and would have acquitted the appellant. In the circumstances the appeal by Shukuru Ally Mnyamani is allowed. Conviction is quashed and sentence is set aside. He is to be set at liberty forthwith unless otherwise detained for some other lawful cause. PRINCIPAL RESIDENT MAGISTRATE (EXTENDED JURISDICTION} 7/6/1995