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Tanzania decisions
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The High Court acquitted three accused of trafficking cannabis after finding gaps and contradictions in the chain of custody of the seized exhibits.
The High Court upheld the conviction for unlawful possession of government trophy but reduced the sentence from 22 years to 20 years for lack of sentencing reasons.
The prosecution failed to prove beyond reasonable doubt that the appellant was found in possession of the stolen goods because the purported certificate of seizure was not valid, and the oral evidence of seizure was unsupported, rendering the conviction unsafe.
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The prosecution failed to prove the case beyond reasonable doubt as the visual identification evidence was not watertight and did not meet the required legal standards, making the conviction unsafe.
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The conviction and sentence were quashed because the search was conducted at night without justification or court leave, in violation of section 40 of the Criminal Procedure Act, and the only independent witness did not corroborate the law enforcement officers' testimony regarding the discovery of narcotic drugs. These procedural and evidentiary failures created reasonable doubt, requiring acquittal.
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The appellant was properly identified after hot pursuit from the scene of the crime, the victim's evidence was corroborated by medical testimony, and the prosecution proved penetration and age below 18 years. Procedural irregularities did not occasion miscarriage of justice or affect admissibility of evidence under amended law.
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Material contradictions in the prosecution evidence regarding the number of bundles and case numbers, as well as inconsistencies between the charge and the evidence, undermined the prosecution's case and rendered the conviction unsafe.
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The prosecution proved beyond reasonable doubt that both accused were found in possession of 509.63 grams of heroin, chain of custody was maintained, expert evidence confirmed the substance, and defence failed to raise reasonable doubt. Mandatory life imprisonment applies.
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The prosecution failed to prove the case beyond reasonable doubt as the search was conducted unlawfully, the chain of custody was not maintained, and it was not established that the seized item was ammunition.
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The High Court allowed a criminal appeal, quashed convictions for forgery and uttering a false document, and set aside consecutive prison terms.
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