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Citation
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Judgment date
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| 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 |