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Tanzania decisions
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Prosecution failed to prove compliance with mandatory procedural requirements for disposal of exhibits and certificate of seizure; lack of evidence that appellants were accorded opportunity to be heard before disposal order; prosecution's case not established beyond reasonable doubt.
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The appeal was dismissed because the prosecution's evidence, both oral and documentary, was strong, consistent, and unchallenged on material points. The appellant's failure to cross-examine key witnesses amounted to admission of incriminating evidence. The certificate of seizure was validly executed, the chain of custody was properly established, identification and valuation of government trophies were competently done, and the extrajudicial statement was lawfully recorded. The prosecution proved the case beyond reasonable doubt on all counts.
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Misapprehension of evidence regarding witness identities and chain of custody rendered prosecution case unproven beyond reasonable doubt; conviction and sentence cannot stand.
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The High Court dismissed a criminal appeal against conviction for unlawful possession of ammunition, holding the prosecution proved the case and the sentence stood.
The prosecution failed to prove the charge of unlawful possession of government trophy beyond reasonable doubt due to lack of independent witnesses during the search, unresolved doubts about the signing of the certificate of seizure, and discrepancies in the prosecution's evidence. The benefit of doubt must be given to the appellants, warranting their acquittal.
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The High Court allowed a criminal appeal, set aside convictions for unlawful possession of weapons and government trophies, and ordered the appellants released.
The High Court acquitted two accused persons of narcotics trafficking after finding gaps in seizure, custody, and identification of the alleged drugs.
The prosecution failed to prove the case beyond reasonable doubt due to procedural irregularities in the preparation of the certificate of seizure, failure to establish an unbroken chain of custody, lack of scientific identification of the alleged government trophy, and the cautioned statement being recorded out of time. Additionally, the trial court lacked jurisdiction as the required consent under EOCCA was not properly signed.
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The prosecution proved beyond reasonable doubt that the appellant was found in unlawful possession of government trophies (three elephant tusks), the chain of custody was intact, the search and seizure were lawfully conducted with a valid certificate of seizure, and the expert evidence sufficiently established the nature of the trophies. The sentence imposed was within statutory limits but was varied to the minimum due to the appellant's lack of previous criminal record. The omission to name the offence in the DPP's consent and certificate was not fatal as the relevant legal provisions were c…
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The chain of custody of Exhibit P5 was not maintained due to missing evidence regarding its handling by P/C Hemed, and key prosecution witnesses failed to identify the exhibit in court, creating reasonable doubt and fatal irregularity in proof of the offence.
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