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Tanzania decisions
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Conviction and sentence quashed due to insufficient identification of government trophies, defective inventory procedure, and procedural irregularities in prosecutorial consent and jurisdiction certificate.
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Prosecution failed to prove compliance with mandatory procedural requirements for disposal of exhibits and certificate of seizure; lack of evidence that appellants were accorded opportunity to be heard before disposal order; prosecution's case not established beyond reasonable doubt.
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The Bariadi District Court lacked jurisdiction to try the appellant due to defective prosecutorial consent and certificate of transfer, which failed to specify the offence-creating provisions, rendering the proceedings a nullity.
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The charge of unlawful possession of government trophy was not proved beyond reasonable doubt as prosecution failed to establish the appellant's control and possession; exculpatory statements of co-accused could not be used to incriminate the appellant; preliminary objection on prosecutorial consent dismissed due to conflicting precedents and adherence to settled law.
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The Court of Appeal held that failure to obtain DPP consent under section 26(1) of the Economic and Organized Crime Control Act made the trial and first appeal a nullity.
The High Court quashed Haruna Salum’s conviction, holding the charge was defective, the lower courts lacked jurisdiction, and no DPP consent was shown.
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