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Tanzania decisions
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The High Court allowed a drug-trafficking appeal, finding defects in the chain of custody and disposal procedure meant the prosecution had not proved its case.
The High Court convicted Azizi Rashid Abdallah of trafficking 500.55 kg of cannabis sativa, upheld the chain of custody, and sentenced him to life imprisonment.
The respondent was convicted of a serious offence (drug trafficking), and the properties were acquired within ten years prior to being charged, satisfying statutory conditions for a restraining order under POCA and DCEA.
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The High Court dismissed a criminal appeal against a narcotic drugs trafficking conviction, holding that the prosecution proved possession beyond reasonable doubt.
The prosecution failed to prove trafficking in narcotic drugs beyond reasonable doubt due to unreliable evidence regarding the bus ticket, lack of key witness testimony, and improper admission of the cautioned statement at preliminary hearing without its contents being read over and explained to the accused.
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The plea of guilty was not unequivocal because the prosecution failed to state the weight of the narcotic drug in the facts, which is an essential element of the offence and determinant of sentence and jurisdiction. The trial court did not comply with procedural requirements for recording a valid plea of guilty, rendering the conviction and sentence invalid.
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The conviction cannot be sustained because, after expunging the improperly admitted exhibits, there was no admissible evidence proving the appellant's possession of cannabis sativa, as the alleged narcotic drugs were never properly identified or tendered as exhibits in court.
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The appeal was dismissed because the charge sheet was not defective, procedural irregularities did not occasion a miscarriage of justice, the chain of custody was properly established, the confession statement was lawfully recorded, and the prosecution proved the case beyond reasonable doubt.
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The court found that the prosecution had proved the case beyond reasonable doubt, the chain of custody was intact and properly documented, and there were no material contradictions in the prosecution evidence. The conviction and sentence were confirmed.
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The High Court dismissed a criminal appeal against drug-trafficking convictions, holding that date discrepancies in witness testimony were minor and not fatal.
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