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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 |