High Court Corruption and Economic Crimes Division - 2023 July

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4 judgments

Citation	Judgment date
July 2023
Republic vs Amos Chacha Marwa & Three Others (Economic Case No. 3 Of 2023) [2023] TZHCCED 15 (24 July 2023) The respondents were acquitted due to broken chain of custody and insufficient proof of knowledge (mens rea). * Criminal law – Drug trafficking – elements: possession, conveyance and requirement of proof beyond reasonable doubt. * Forensic proof – Government Chemist identification of cannabis sativa and weight confirmation. * Evidence – chain of custody critical; unexplained gaps may vitiate prosecution case. * Mens rea – knowledge or reason to believe may be necessary in particular circumstances despite possession. * Corroboration – uncorroborated implication by co-accused and similarity of names insufficient to convict.	24 July 2023
Republic vs Jumanne Awami Idd (Economic Case No. 12 of 2022) [2023] TZHCCED 11 (13 July 2023) Conviction for khat trafficking: proper identification, lawful search, intact chain of custody, and conclusive lab report. Criminal law - Trafficking in narcotic drugs (khat); identification at scene; search and seizure procedure under DCEA (s.48(2)(c)(vii)); certificate of seizure; chain of custody (handing-over certificates, PF16, lab submission); conclusive Government Chemist report (s.48A(2)); standard for reasonable doubt and assessment of defence evidence.	13 July 2023
Republic versus Athumani Mohamed Mwegio & Another [2023] TZHCCED 13 (12 July 2023) Accused convicted for trafficking 529.05 kg khat; search, chain of custody and lab report upheld. Drugs — Khat (Catha edulis) — search and seizure; certificate of seizure; chain of custody; Government Chemist report conclusive under s.48A(2) Cap 95; inventory and lawful destruction; alibi notice and failure to rebut laboratory evidence.	12 July 2023
Republic versus Mlay Ramadhani Msangi & Another (Economic Case No. 4 of 2023) [2023] TZHCCED 12 (12 July 2023) Accused acquitted of drug trafficking due to broken chain of custody and material contradictions in seizure evidence. Criminal law — Drug trafficking — Seizure and chain of custody — Labelling and exhibit register — Material contradictions undermining evidential chain; laboratory analysis insufficient where chain broken.	12 July 2023