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Citation
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Judgment date
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| December 2024 |
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23 December 2024 |
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Prosecution proved 983.5g heroin trafficking; two accused convicted and sentenced to life, third acquitted.
* Drug offences – Trafficking – Proof that seized substance is narcotic (Government Chemist report confirming 983.5g heroin). * Chain of custody – combination of documentary record and credible oral testimony sufficient to preserve exhibit integrity. * Possession – actual/constructive possession and control as element of trafficking; passenger-to-carrier transfer linking accused to drugs. * Burden and standard of proof – prosecution must prove guilt beyond reasonable doubt; accused not required to prove innocence. * Vicarious/knowledge liability – mere carriage as a boda-boda rider without evidence of knowledge does not ground conviction.
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17 December 2024 |
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Citation of an incorrect committal provision is curable where substantive compliance with CECD Rules occurred.
* Procedure — Committal proceedings — Whether mis‑citation of Criminal Procedure Act s.246 instead of CECD Rules r.8 renders committal void — Curable irregularity. * Statutory interpretation — EOCCA s.28 and s.30 read with CECD Rules r.8. * Criminal Procedure — Section 4A (amendment) — courts may cure procedural defects to uphold substantive justice. * Remedy — Nullification and recommittal unnecessary where substantive compliance achieved.
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13 December 2024 |
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Forensic proof of seized cannabis did not establish the accused’s possession; acquitted for lack of knowledge and control.
* Drug trafficking – possession as element of trafficking – requirement of knowledge and control for actual or constructive possession.
* Criminal burden of proof – prosecution must prove possession beyond reasonable doubt.
* Credibility of witnesses – contradictions about access to locked room undermined prosecution case.
* Forensic evidence and chain of custody establish nature of exhibit but do not by themselves prove accused’s possession.
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13 December 2024 |
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First accused convicted and sentenced to life for trafficking >978g heroin; second accused acquitted for lack of proof.
* Criminal law – Drugs – Trafficking in narcotic drugs (heroin) – elements: possession/control and weight threshold (>200g).
* Search and seizure – emergency search under Criminal Procedure Act s.42(1)(b) – certificate of seizure admissibility.
* Evidence – forensic chemical analysis by Government Chemist as conclusive evidence (Drugs Act s.48A(2)).
* Chain of custody – documentation and custody transfers to establish integrity of exhibit.
* Standard of proof – prosecution must establish trafficking beyond reasonable doubt; conviction of first accused, acquittal of second.
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13 December 2024 |
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10 December 2024 |
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Failure to comply with cautioning, witness and disposal procedures led to acquittal for alleged cannabis trafficking.
Criminal law – Drug trafficking – Proof beyond reasonable doubt; Evidence – oral confession and statutory cautioning; Search and seizure – requirement for independent witnesses; Disposal of perishable exhibits – compliance with section 36, right to be heard, inventory and weighing procedures; Chain of custody and admissibility of destroyed exhibits.
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6 December 2024 |
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Irregular disposal, sampling and witness omissions undermined proof; accused acquitted for failure to prove trafficking beyond reasonable doubt.
* Criminal law – Drug offences – Trafficking in narcotic drugs – Statutory disposal, sampling and photographic procedures under section 36 DCE Act must be strictly followed. * Evidence – Corpus destroyed pre-trial – disposal irregularities and lack of magistrate presence undermine admissibility and weight of inventory, photographs and samples. * Procedure – Requirement to record accused’s objections when seeking disposal. * Search and seizure – Need for independent witness and proper cautioning/statutory safeguards under DCE Act and CPA. * Failure to call key witnesses weakens prosecution’s link between accused and seized drugs.
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6 December 2024 |
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Court granted ex-parte restraint on vehicles found to be tainted and connected to alleged narcotic trafficking by the respondent.
* Proceeds of Crime Act (POCA) – s.38(1) and s.39(3) – ex-parte restraining orders on property pending prosecution; * Definition of 'tainted property' – s.3 POCA – vehicles as instrumentalities of narcotic trafficking; * Narcotic trafficking – serious offence attracting life imprisonment under DCEA/EOCCA; * Restraint on public officers (TRA) from effecting disposition/transfer of alleged tainted assets.
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4 December 2024 |
| November 2024 |
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A prior acquittal on a different document did not bar prosecution for alleged forgery of distinct minutes; plea dismissed.
Criminal procedure – autrefois acquit (Section 137 CPA) – requirements: same accused, same or substantially same issue, final determination by competent court – distinction between different documents (Extract Resolution vs. Minutes) defeats plea – addition of new accused does not bar plea.
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29 November 2024 |
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An applicant for extension under POCA must prove good cause and account for every day of delay.
POCA s9(5) – extension of time to file forfeiture application; "good cause" – must be shown and is dependent on circumstances; applicant must account for each day of delay; pendency of appeal by the accused not automatically good cause where appeals were initiated by accused; prejudice not considered if not pleaded.
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25 November 2024 |
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Electronic bank statements must be properly authenticated and identified before admission; failure to do so renders them inadmissible.
Evidence — Electronic evidence and banker’s books; committal procedures — Rule 8(2) GN No. 267/2016 and s246(2) CPA; service of committal record — Rule 9 GN No. 267/2016; Evidence Act ss76–79 (banker’s book entries); authentication/identification and chain of custody requirements for exhibits; exclusion for failure to authenticate.
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22 November 2024 |
| October 2024 |
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24 October 2024 |
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Prosecution proved trafficking of 275 kg cannabis; accused convicted and sentenced to mandatory life imprisonment.
* Criminal law – Narcotic drugs trafficking – proof beyond reasonable doubt – seizure, laboratory confirmation and chain of custody. * Evidence – Expert (chemist) report admissibility and conclusiveness under Drugs Act. * Procedure – lawful disposal of perishable exhibits and accused’s right to be heard. * Defence – alibi requirements and failure to notify particulars under EOCCA.
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18 October 2024 |
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Prosecution failed to prove trafficking due to lack of proof of ownership, control, independent witness and proper disposal procedure.
Drugs — Offence of trafficking — information need not specify mode where type and weight are given; Search and seizure — requirement for witness to be independent or justified exception; Ownership/control of premises — must be proved by independent or corroborative evidence; Disposal of exhibits — accused must be afforded right to be heard and magistrate's oral evidence may be necessary when Form is silent; Proof beyond reasonable doubt — shortcomings in ownership, custody and disposal vitiate prosecution case.
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18 October 2024 |
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Accused acquitted because broken chain of custody and defective disposal records prevented proof of drug trafficking.
* Criminal law – Drug trafficking – Proof beyond reasonable doubt – necessity of unbroken chain of custody linking seized items to analysed samples.
* Evidence – Chain of custody – contradictions in packaging, labelling and handover times undermine evidential value.
* Drugs Act – Disposal and destruction procedures – requirement to record disposal order and net weights after sampling; inventory as primary evidence.
* Criminal procedure – Alibi – statutory notice/particulars required; late or unparticularized alibi may be treated as afterthought.
* Property forfeiture – Confiscation of vehicle under section 49A(1) Drugs Act where ownership not established.
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17 October 2024 |
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Prosecution failed to prove the accused owned or controlled premises where seized drugs were found; accused acquitted.
* Criminal law – Narcotics trafficking – Burden to prove ownership and control of premises where drugs seized; * Search and seizure – Requirement for independent witness to DCEA search and exceptions to police as witness; * Chain of custody and forensic confirmation insufficient where ownership/control not established; * Reasonable doubt arising from custody period and potential third‑party access.
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17 October 2024 |
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Acquittal where prosecution failed to prove knowledge/possession and disposal of perishable exhibits violated right to be heard.
* Criminal law – possession and knowledge – actual vs constructive possession – driver of vehicle not automatically in possession of concealed narcotics; prosecution must prove knowledge/control. * Evidence – failure to call key witnesses – adverse inference where unexplained absence, but gaps may still undermine prosecution case. * Evidence/procedure – disposal of perishable exhibits – accused must be present and heard before disposal; flawed disposal renders inventory inadmissible as substitute for physical exhibits.
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16 October 2024 |
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Court convicts three accused for trafficking 29.86 kg heroin (life imprisonment); acquits others and orders exhibit disposal.
Criminal law – Drug trafficking – sufficiency of charge particulars; small quantity cannabis vs trafficking; admissibility and weight of Government Chemist report; voluntariness and admissibility of cautioned/oral confessions; constructive possession and joint liability; lawful search in exigent circumstances; chain of custody for narcotics; mandatory life sentence for large-quantity heroin trafficking.
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4 October 2024 |
| September 2024 |
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Accused acquitted: material variance in charged location and insufficient evidence of possession/control defeated prosecution.
Criminal law — narcotics trafficking — variance between information and evidence as to place of offence — material discrepancy fatal if unamended; proof of trafficking requires evidence of possession, control or other act; adverse inference where prosecution omits available key witnesses or material exhibits (CCTV, keys).
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20 September 2024 |
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Court convicted accused of conspiracy and participation in terrorist meetings but acquitted them of recruitment and financing counts.
* Criminal law – Terrorism offences – conspiracy to commit terrorist acts; participation in meetings relating to terrorism.
* Evidence – Admissibility and weight of cautioned statements; trial‑within‑trial procedure and corroboration by independent witnesses.
* Evidence – Insufficiency of proof for recruitment and terrorist financing where no traceable transactions or weapons recovered.
* Procedure – Alibi defence must be notified; failure to cross‑examine weakens defence case.
* Sentencing – concurrent lengthy terms with credit for pre‑trial detention; juvenile treated by probation.
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20 September 2024 |
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Chemist's report and adequate chain of custody proved the accused's trafficking; seeds excluded so second count fails.
Drug offences – trafficking in cannabis sativa – Gov’t chemist report admissible and conclusive under statute – chain of custody assessed and upheld despite personnel change – seeds excluded from definition of cannabis; only leaves sustain conviction – evidential weight of police testimony.
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13 September 2024 |
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Acquittal where prosecution failed to prove forgery, uttering, money laundering and organised crime due to evidentiary gaps.
Criminal law – Forgery: proof requires showing a false document made with intent to defraud; contradictions and missing documentary proof fatally undermine such charges; Uttering false documents depends on proved falsity; Money laundering convictions require a proved predicate offence and proof of illicit proceeds; Failure to call material witnesses and to produce key documents permits adverse inferences; Prosecutorial discretion may attract criticism where charging decisions create apparent double standards; Caution when convicting on co-accused/interest-driven testimony.
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13 September 2024 |
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11 September 2024 |
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Court granted POCA-based restraint orders over cash and vehicle as tainted proceeds and instrumentality of alleged illegal mineral trading.
Proceeds of Crime Act — s38(1) restraint orders; s39(3) pre-conviction conditions (reasonable grounds and tainted property); alleged proceeds and instrumentalities of illegal mineral trading; interim preservation — deposit into Special Interim Management Account; prohibition on transfer and custody of vehicle.
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2 September 2024 |
| August 2024 |
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30 August 2024 |
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Court granted ex-parte restraining order preventing disposal of allegedly tainted properties pending appeal under POCA and DCEA.
* POCA s38(1) – ex-parte restraining orders – Director of Public Prosecutions' power to seek restraint of property of persons convicted of serious offences.
* Definition of "serious offence" – trafficking in narcotic drugs qualifies under POCA s3.
* DCEA s49(4) – presumption that property acquired within ten years before charge may be proceeds of crime.
* POCA s39(4) – conditions for issuing restraining orders upon conviction; risk of dissipation pending appeal.
* Interim directions to land registry and local government to prevent disposition of potentially tainted property.
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21 August 2024 |
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Court granted a restraining order over a house alleged to be proceeds of narcotics trafficking based on seizure and analyst reports.
Proceeds of Crime Act — restraining orders (s.38(1), s.39(3)); tainted property — proceeds of narcotics trafficking; admissibility of seizure certificates and Government Chemist Analyst Report as grounds for restraint; jurisdiction of Corruption and Economic Crimes Division over DCEA/EOCCA offences.
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12 August 2024 |
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6 August 2024 |
| June 2024 |
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Court granted an ex parte restraint order against the respondent’s property as allegedly tainted proceeds of crime.
Proceeds of Crime Act — restraint orders (s38(1)) — requirements where respondent unconvicted (s39(3): reasonable grounds to believe offence committed; property tainted/derived from offence) — ex parte application — alleged misappropriation, forgery and money laundering; injunction against disposition of property.
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28 June 2024 |
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Accused acquitted where chemist confirmed heroin but search lacked a credible independent witness, undermining lawful seizure.
* Criminal law – narcotic drugs – trafficking under s.15(1)(a) DCE Act and classification under EOCCA First Schedule.
* Jurisdiction – consent for economic offences – consent must cite provision creating offence; omission of quantity provision not necessarily fatal.
* Evidence – Government Chemist analyst report conclusive on composition and weight.
* Search and seizure – statutory requirement for independent witness; credibility and production of independent witnesses material to admissibility.
* Burden of proof – prosecution must prove possession and lawfulness of seizure beyond reasonable doubt.
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25 June 2024 |
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21 June 2024 |
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Accused convicted for trafficking 213.05 kg cannabis; search, disposal and custody found lawful; mandatory life sentence.
* Criminal law – Drug trafficking – Elements: possession/trafficking and quantity threshold (over 100 kg).
* Evidence – Analyst report admissibility and conclusiveness under Drugs Act s.48A(2).
* Procedure – Disposal of narcotics under Drugs Act s.36; inventory and magistrate's order.
* Search and seizure – exigent circumstances may justify no warrant or independent witness.
* Chain of custody – documentary trail and oral testimony can establish continuity of custody.
* Defence procedure – failure to comply with alibi notice and lack of cross-examination undermining defence.
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13 June 2024 |
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Prosecution proved trafficking beyond reasonable doubt; accused convicted and sentenced to life imprisonment; exhibits ordered destroyed.
* Criminal law – Drug trafficking – Elements of trafficking under Drug Control and Enforcement Act and EOCCA – proof of possession/transportation.
* Evidence – Admissibility and conclusiveness of Government Chemist's analyst report (s.48A(2) Drug Act).
* Evidence – Chain of custody – preservation through oral testimony and exhibit registers; minor documentary omissions not fatal.
* Procedure – Failure to give notice for tendering an exhibit (trailer tank) – irregular admission held harmless where other evidence proves the fact.
* Defence – Alibi requirements under section 42 EOCCA – failure to notify and consequences.
* Sentence – Statutory maximum (life imprisonment) for trafficking large quantities of cannabis.
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13 June 2024 |
| May 2024 |
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20 May 2024 |
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13 May 2024 |
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Accused convicted and sentenced to life for trafficking 4.14 kg heroin; urgent search and chain of custody upheld.
Drug offence — Trafficking — Proof of composition and weight — Government Chemist analysis; Search and seizure — emergency/urgency exception to warrant requirement; Seizure documentation — evidential weight of certificate vs oral testimony; Chain of custody — acceptable by combination of paper trail and oral evidence; Alibi — late disclosure and court's discretion to disregard; Sampling sufficiency — GCLA procedures govern samples; Labeling — acceptable when performed by authorized officers at ADU.
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10 May 2024 |
| April 2024 |
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29 April 2024 |
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Accused acquitted where defects in search, absence of independent witness and broken chain of custody undermined prosecution's drug case.
Criminal law – Drug trafficking – proof beyond reasonable doubt; Search and seizure – warrant exceptions and need for independent witness and seizure receipt; Chain of custody – requirement for unimpeachable continuity of exhibits; Government Chemist report – evidential weight where procedural prerequisites satisfied; Impact of procedural defects on admissibility and reliability of exhibits.
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5 April 2024 |
| March 2024 |
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Accused convicted of heroin trafficking; search, seizure and chain of custody upheld; each sentenced to 30 years.
* Criminal law – Narcotic trafficking – Proof by expert chemical analysis – Meckel reagent, SPE and LCMS confirm heroin hydrochloride.
* Criminal procedure – Search and seizure at airport – emergency search and certificates of seizure; independent witness requirement.
* Evidence – Chain of custody – oral testimony and handing-over documents sufficient to maintain integrity of exhibits.
* Procedural fairness – omission of a witness in committal not fatal where statement was available and no prejudice shown.
* Regulatory compliance – sample size under Regulation 17 disputed but not fatal to lab conclusions.
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28 March 2024 |
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Visual identification, intact chain of custody and ownership evidence supported the accused's trafficking conviction.
Criminal law – Trafficking in narcotic drugs – Chemical analysis confirming cannabis sativa; Evidence – Chain of custody – proper seizure, labeling and exhibits register; Identification – visual identification and identification parade reliability; Ownership – sale agreements and bank slips linking accused to vehicle; Alibi – late notice and inadequate particulars; Preliminary hearing – witnesses admitted though not listed at PH.
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15 March 2024 |
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Conviction for trafficking in 113.49 kg cannabis; emergency warrantless search upheld, 25-year sentence, drugs destroyed, vehicle released.
* Criminal law – Trafficking in narcotic drugs – proof beyond reasonable doubt – chemical analysis confirming 113.49 kg cannabis sativa. * Criminal procedure – Search and seizure – emergency search without warrant under section 42(1)(b)(ii) CPA. * Evidence – chain of custody and witness credibility – admissibility and integrity of exhibits. * Sentencing – statutory minimum and aggravating factors; destruction of exhibits; release of vehicle to registered owner.
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1 March 2024 |
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Court convicted both accused of trafficking cannabis after drugs, lawful seizure and intact chain of custody were proved beyond reasonable doubt.
Drugs Control Act — trafficking — identification of narcotic substance by chemist; search and seizure — seizure certificate and independent witness; chain of custody — occurrence book and exhibits register; admissibility and weight of oral admissions; late alibi — failure to give notice under CPA; sentence for narcotic trafficking.
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1 March 2024 |
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Court convicted both accused of trafficking 136.55 kg cannabis, upheld search/chain-of-custody and sentenced each to 25 years.
* Drugs — Trafficking — Whether seized 8 sacks constituted narcotic drug (Cannabis sativa) — Expert analysis and weight (136.55 kg).
* Evidence — Search and seizure — Compliance with statutory procedure; seizure certificate and independent witness.
* Evidence — Chain of custody — Occurrence book, exhibit register, DCEA forms and continuity of possession.
* Evidence — Oral admissions/confessions — Weight and caution in assessing admissions given to investigating officers.
* Criminal procedure — Defence of alibi — Requirement to give notice and opportunity to cross-examine prosecution witnesses.
* Sentence — Severe statutory regime for trafficking — 25 years imprisonment imposed.
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1 March 2024 |
| February 2024 |
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21 February 2024 |
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9 February 2024 |
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6 February 2024 |
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5 February 2024 |
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5 February 2024 |