republic vs lilian jesus fortes 2018 tzhcced 28 4 june 2018

republic vs lilian jesus fortes 2018 tzhcced 28 4 june 2018

The prosecution proved beyond reasonable doubt that the accused trafficked 2.38 kg of cocaine hydrochloride, with chain of custody properly maintained, credible witness testimony, and no material inconsistencies. The accused's defence was general denial and failed to raise reasonable doubt or explain how the narcotics were planted. The accused was convicted under section 15(1)(b) of the Drug Control and Enforcement Act No. 5 of 2015 and relevant provisions of Cap. 200.

Citation
republic vs lilian jesus fortes 2018 tzhcced 28 4 june 2018
Parties
Prosecutor: The Republic; Accused: Liliana Jesus Fortes
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 June 2018
Procedural Posture
Criminal / Final Judgment
Outcome
conviction and sentencing
Legal Topics
Trafficking in Narcotic Drugs, Chain of Custody, Evidence, Sentencing, Mitigation
Source Language
English
Criminal Law Economic Crimes Drug Offences Trafficking in Narcotic Drugs Chain of Custody Evidence Sentencing Mitigation

Case Brief

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Parties

The Republic

Prosecutor

Liliana Jesus Fortes

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the chain of custody for seized narcotic drugs was properly maintained
  2. 2 Whether prosecution evidence proved the offence beyond reasonable doubt
  3. 3 Whether the accused's defence raised reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused trafficked 2.38 kg of cocaine hydrochloride, with chain of custody properly maintained, credible witness testimony, and no material inconsistencies. The accused's defence was general denial and failed to raise reasonable doubt or explain how the narcotics were planted. The accused was convicted under section 15(1)(b) of the Drug Control and Enforcement Act No. 5 of 2015 and relevant provisions of Cap. 200.

Court Disposition

conviction and sentencing

Orders

  • Accused convicted of trafficking in narcotic drugs
  • Accused sentenced to life imprisonment as provided by law