19900616 TZCA Mwanza1
The trial judge's failure to consider and direct on the defence of alibi constituted a mistrial and miscarriage of justice, rendering the trial a nullity.
- Citation
- 19900616 TZCA Mwanza1
- Parties
- Appellant: Charles Samson; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 June 1990
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence in the High Court
- Outcome
- Appeal allowed; trial declared a nullity; new trial ordered.
- Legal Topics
- Murder, Alibi Defence, Procedural Fairness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Charles Samson
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the High Court
Legal Issues
- 1 Whether the trial judge failed to address the assessors and direct himself on the appellant's defence of alibi
- 2 Whether failure to consider the alibi defence constituted a mistrial and miscarriage of justice
Ratio Decidendi
The trial judge's failure to consider and direct on the defence of alibi constituted a mistrial and miscarriage of justice, rendering the trial a nullity.
Court Disposition
Appeal allowed; trial declared a nullity; new trial ordered.
Orders
- Trial declared a nullity
- Proceedings quashed
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