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Tanzania decisions
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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 applicant demonstrated on the balance of probabilities that the seized cash and motor vehicle are tainted properties connected to serious offences, and statutory conditions for a restraining order under sections 38(1) and 39(3) of the Proceeds of Crime Act were satisfied.
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The Court of Appeal held the trial court lacked jurisdiction over the economic crime charges, quashed the conviction, and declined a retrial.
Appellant failed to account for the entire period of delay and did not demonstrate good cause; being unaware of proceedings does not constitute technical delay. The trial court correctly dismissed the application for extension of time.
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The court held that section 29(2) of the National Park Act, Cap 282, grants the trial court discretion to order forfeiture and does not make it mandatory. The trial magistrate properly exercised this discretion in releasing the cows, as the prosecution failed to prove the extent of disturbance to the habitat. The appeal was dismissed as both grounds lacked merit.
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The High Court dismissed a revision application challenging confiscation of a motor vehicle, holding it lacked jurisdiction because the application should have been filed in the court that made the order.
The trial magistrate exercised discretion properly in ordering forfeiture and considered mitigation; however, the fines imposed on minors should have been directed to their parents or guardians as per the Law of the Child Act.
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The High Court held it was functus officio on the forfeiture of a Toyota Land Cruiser and struck out that item, while treating the affidavit objection as a merits issue.
The prosecution proved beyond reasonable doubt that the accused transported 320 bundles of khat weighing 120.50 kilograms, chain of custody was sufficiently established, and all statutory requirements for conviction under section 15(1)(a) and (3)(iii) of the Drug Control Enforcement Act were met.
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