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Tanzania decisions
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The prosecution failed to prove beyond reasonable doubt that the accused had actual or constructive possession of the narcotic drugs found in her brother's room, as evidence did not establish her knowledge or control over the drugs.
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The trial court erred by failing to consider the appellants' defence of alibi and by relying solely on evidence from government officials without independent witnesses during search and seizure. The absence of independent witnesses and proper documentation rendered the prosecution case unproven beyond reasonable doubt.
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Failure to comply with mandatory search and seizure procedures and lack of expertise in identifying narcotic drugs rendered the prosecution evidence insufficient to prove possession and trafficking beyond reasonable doubt. The conviction and sentence were improper.
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The Court of Appeal of Tanzania upheld a life sentence for possession of heroin, finding the appellant occupied or controlled the room where drugs were found.
The High Court allowed a drug-possession appeal after finding the prosecution failed to prove the substance was cannabis sativa, with no chemist witness and a quantity discrepancy.
The Court of Appeal held that quashing the conviction discharged the forfeiture order and struck out the Republic’s ground of appeal for lack of a cross-appeal.
The High Court allowed a criminal appeal over possession of bhang, holding the evidence was insufficient and that the trial court wrongly shifted the burden of proof.
The High Court allowed a criminal appeal, holding that possession of bhang was not proved beyond reasonable doubt and that the trial court wrongly shifted the burden of proof.
Bail was denied in a criminal ruling involving an economic offence, with the court treating the charge as non-bailable under the applicable statute.
The High Court upheld a conviction for possession of bhang but set aside an illegal two-year sentence and imposed the statutory minimum penalty.
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