19870918 TZHC Arusha3

III T:' COJLT OF LPPEL OF TPJI!ÜTIL. AT LYJi- C;ULI1TLL p:;J.L 110. 21 03' 1937 ji11f ±21-J7 I V u- THf :TTJTL,IC ....................•PO 1 E) 1TT (A:: cal fro the conjiction. o? the Court of Tansania at i-rus:a) - xtencied Jurisdiction) atec. the 10th day of ilovenber, 136 in C-'j.:jna1 3esionC Case lTo. CL of • J. was chan;e with and conjictecl of the iourder The au')ellant of one heheria cl/o Iddi and was sentenced to deatb- He Is aDea1Li to this Court fron tnt conviCti0 - ieaded r:nheneSS to In his c3fe 1ce the an:-e1iat had was incaDaOle o :o-f tne 5nGC1Z1C t:ae e;:tent that ne the intent to hil1 also :7leac.ed tnat ne naa assaultect 1" deceased uri:ier uroiocati0n. Teiant relied. :.ainly on the defence Lt the trial the a iOSuO. nod?eve: also rellect on tne -.rovocaJOr! o c.runneness . re n ns suoriZSiOflS after tne ra1, 1..r. uouJu, wno aupeared Court, concentratea on the for the a?e11ant at the ::ih the assessors drunl:eneSS defence, and addressed the court ar-d rlea. on not refer to tne :rov0c ion astrae (etenac jurisaiction a ) The Princ:ual esient i assessors, but she did not direct theni sur:neci u to the had On the isSue of r rovocatiOn, urobally because 1r. Lobulu not done SOe eaTen xor ne aspellant. eiore us, P.r. Looulu a.:i a court to diroct He subuitted that the failure of the trial the assessors on the issuG of o-ocatcn was fat al and -2- he tad failed to vitiate the roceediI:S. he adr::ittCC iS3iO o te trial court aeal yitii thaG issue iti ot cetraCt rO: te fact tie a oscars, hut iotid 2 Ct the circ3aflCeC that the -?roceoci ~ 'iere viated Cj. Liyeal ITo. 17 of he refe'recl to the case of (uti:o:ed which had 1905 of 26.06 (Court of Lp?eai) a :on cti0i hy a trial jude to the deciCec- rovocati0 re:ere. the trial a :.ullitY. assessors oi jziO. The trial court 1e acee ;rith Mr. Lou1.Y 3 3 the issue of sroVocation, had failed to irect the assessors o: which was aart of the defetice. the circr:3tances the arid the trial was a sillity* rrocei 5 .rere vitiated cor!vCtiO-- asd set aside vi e aiio;r the asieal, quas the trial a :llitY. the seste:sCe i:iosed aisd declare the orderS rreierrid' to lea7e the Ic :ahe :o further the a c?rate authorities to jeatter i:s the hasicls of a.e-I r_t,a. - is th day of Certemher 9 19 0 7. :JhlhJ at L. • TJ JTJTIC OF .2hLLL :Cr - -, I.) • • iv_. J.._.'_--' I certify that this is a true coey of the original. 1);DTurZ :dDGI3.'hJJ.