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Tanzania decisions
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The Court of Appeal of Tanzania dismissed a second criminal appeal, upholding a conviction for unlawful possession of prohibited plants and a 30-year sentence.
The chain of custody for the seized 320 pallets of cannabis sativa was not properly established by written document or oral account, creating a possibility of tampering. The exhibit was expunged, and without it, the prosecution failed to prove the offence beyond reasonable doubt. Conviction and sentence could not stand.
Source excerpt
The High Court allowed a criminal appeal against conviction for unlawful possession of prohibited plants, holding the offence was not proved without a government analyst report.
The chain of custody of exhibit P5 was not properly established, creating reasonable doubt as to whether the evidence was related to the alleged crime; the conviction cannot stand.
Source excerpt
The appellant's guilt for unlawful cultivation of prohibited plants was proven beyond reasonable doubt based on a corroborated retracted confession and supporting evidence. The charge of unlawful possession was not established as the evidence only proved cultivation, not possession.
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The appellant's plea of guilty was unequivocal, the charge and facts were understood, any typographical errors in the charge sheet were harmless and curable, the exhibits were properly admitted and read out, and the sentence imposed was the statutory minimum; thus, the appeal lacked merit and was dismissed.
Source excerpt
The conviction could not be sustained because the search was conducted without a warrant in non-emergency circumstances, contrary to section 38 of the Criminal Procedure Act and Police General Orders, and the trial court failed to exercise its discretion under section 169 of the CPA before admitting the illegally obtained evidence. The evidence was therefore inadmissible and expunged, leaving no basis for conviction.
Source excerpt
The High Court allowed a criminal appeal, quashed the conviction and 30-year sentence, and ordered the appellant’s release after finding procedural irregularity and an equivocal guilty plea.
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