High Court Corruption and Economic Crimes Division - 2021 March

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Judgment date
March 2021
Court convicted the accused of heroin trafficking, upheld searches and chain of custody, imposed life sentences, destroyed drugs and confiscated the vehicle.
* Criminal law – Narcotic drugs – Trafficking in heroin hydrochloride – Proof of recovery and identification of exhibits – admissibility and sufficiency of chemist's analysis. * Evidence – Search and seizure – credibility of police and independent witness testimony; allegations of planting require particularisation. * Evidence – Chain of custody – absence of paper trail does not necessarily break chain where oral custody evidence is credible. * Confiscation and disposal – Court power to order destruction of narcotics and confiscate instrumentality of offence despite an intended appeal. * Sentencing – Statutory life sentence for trafficking offences; limited or no discretion for leniency in such offences.
31 March 2021