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Citation
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Judgment date
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| 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 |