g2573 pc pacificus cleophance simon vs republic 2018 tzca 77 4 june 2018
Failure to provide written summing up notes to assessors as required by section 298(1) of the CPA vitiates the entire proceedings, rendering the trial a nullity.
- Citation
- g2573 pc pacificus cleophance simon vs republic 2018 tzca 77 4 june 2018
- Parties
- Appellant: G. 2573 PC Pacificus Cleophance Simon; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 June 2018
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- proceedings and judgment declared a nullity; conviction quashed; sentence set aside; order for retrial before another judge and new assessors
- Legal Topics
- Murder, Manslaughter, Trial Procedure, Role of Assessors, Summing Up to Assessors, Nullity of Proceedings
- Source Language
- English
Case Brief
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Parties
G. 2573 PC Pacificus Cleophance Simon
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether failure to provide written summing up notes to assessors vitiates the proceedings under section 298(1) of the Criminal Procedure Act (CPA)
- 2 Whether the absence of written summing up notes renders the trial a nullity
Ratio Decidendi
Failure to provide written summing up notes to assessors as required by section 298(1) of the CPA vitiates the entire proceedings, rendering the trial a nullity.
Court Disposition
proceedings and judgment declared a nullity; conviction quashed; sentence set aside; order for retrial before another judge and new assessors
Orders
- Entire proceedings and judgment declared a nullity
- Conviction quashed
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