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Tanzania decisions
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The High Court at Musoma ordered forfeiture of a Honda CRV used in trafficking 32.2 kilograms of cannabis, finding it was tainted property under the Proceeds of Crime Act.
The trial court's failure to comply with section 231(1) of the Criminal Procedure Act by not properly explaining and recording the appellant's defense rights constituted a fatal procedural irregularity, vitiating the trial proceedings and requiring nullification from the defense stage onwards.
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The prosecution proved beyond reasonable doubt that the appellant trafficked 9.51 kilograms of cannabis sativa. The alleged procedural irregularities in labeling, sealing, and chain of custody were not substantiated or were immaterial. The caution statement was properly admitted under the applicable law. The failure to call the bus conductor did not create an evidential gap. The improperly admitted statement of Sgt. Mwokili was expunged, but the remaining evidence was sufficient to sustain the conviction.
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The Court of Appeal of Tanzania upheld Vivian Edigin’s conviction for trafficking narcotics, relying on her in-court admission, intact chain of custody, and proof that the substance was cocaine hydrochloride.
The conviction and sentence were upheld because the prosecution proved the appellant's possession of narcotics beyond reasonable doubt through credible witness testimony and properly admitted exhibits, and the expunged caution statement did not affect the sufficiency of the remaining evidence.
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