High Court Corruption and Economic Crimes Division - 2018 September

3 judgments
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3 judgments
Citation
Judgment date
September 2018
An accused under the EOCCA charged with unlawful dealing in trophies is entitled to bail pending trial subject to stringent conditions.
* EOCCA – Jurisdiction of High Court (Corruption and Economic Crimes Division) to entertain bail under ss.29(4)(d) and 36(1) where alleged property exceeds TSh 10,000,000. * Criminal procedure – Bail is a right based on presumption of innocence; bailable offences under EOCCA. * Bail conditions – cash deposit/immovable property security (half of alleged value), two sureties with bonds, surrender of travel documents, reporting and movement restrictions, verification by Resident Magistrate.
28 September 2018
Accused acquitted where repudiated cautions, lack of corroboration and variance in drug quantity/date undermined the prosecution.
Criminal law — Drug trafficking — Repudiated caution statements — voluntariness and statutory recording period — need for independent corroboration — adverse inference for failure to call key witness — material variance in charge particulars (quantity/date) fatal to prosecution.
11 September 2018
High Court grants bail under EOCCA with conditions including security, sureties, travel document surrender, and reporting.
* Criminal procedure – Bail under EOCCA – Jurisdiction of High Court’s Corruption and Economic Crimes Division to hear bail application where trial pending in Resident Magistrate’s Court – Conditions of bail: cash/immovable security, sureties with bonds and ID/residency requirements, surrender of travel documents, reporting and verification by Resident Magistrate.
7 September 2018