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Tanzania decisions
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The High Court dismissed most grounds of appeal over forest-offence convictions, upholding conviction, forfeiture, and sentence, but ordered the first appellant’s sentences to run concurrently.
High Court allowed an appeal over a preliminary objection, holding the tax appeals route was not shown on the pleadings and the trial court had jurisdiction.
The appeal fails as the convictions and sentences for unlawful dealing and possession of government trophies are supported by properly admitted evidence and confessions; procedural irregularities do not vitiate the trial. Confiscation of minerals without conviction is unlawful and revised accordingly.
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The court held that the motor vehicle was an instrumentality of crime as it was used in connection with the commission of a drug trafficking offence. The respondent failed to prove ownership with authentic documents, and the benefit of the doubt was given to the applicant. Therefore, the vehicle was liable to be confiscated to the government.
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The prosecution failed to prove beyond reasonable doubt that the accused trafficked 155.80 kg of Catha edulis due to material contradictions in the chain of custody and irregularities in the disposal of exhibits, rendering the evidence unreliable.
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The High Court found unlawful eviction and confiscation of household items, but not the alleged Tzs. 58,000,000 cash claim, and awarded general damages.
The prosecution proved beyond reasonable doubt that the accused were found trafficking 84.02 kilograms of cannabis sativa, with chain of custody maintained and expert evidence conclusive. Defence arguments regarding alibi and chain of custody defects were not substantiated or raised in accordance with statutory requirements. Minor documentary discrepancies were clarified and did not affect the integrity of evidence.
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The High Court held that the trial judgment was a nullity for failing to state points for determination and the offences and sections of law convicted under.
The prosecution proved beyond reasonable doubt that the accused trafficked heroin hydrochloride, chain of custody was intact, and the vehicle was used in commission of the offence. Mandatory sentencing and confiscation orders are required by statute.
Source excerpt
The High Court held that the plaintiff failed to prove lawful possession and licensing for the timber, so the confiscation and disposal were lawful and the suit was dismissed.
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