gobre kwaslema others vs republic 2018 tzca 442 9 july 2018

gobre kwaslema others vs republic 2018 tzca 442 9 july 2018

The trial was vitiated by procedural infractions in the conduct of the trial within a trial, specifically the failure to retire assessors, rendering the extra-judicial statement inadmissible and undermining the fairness of the trial. Given the existence of a prima facie case, a retrial is justified in the interests of justice.

Citation
gobre kwaslema others vs republic 2018 tzca 442 9 july 2018
Parties
Appellant: Gobre Kwaslema; Appellant: Marekwa Boki; Appellant: Karato Faustine @ Faro; Appellant: John Boki; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 July 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction quashed, sentence set aside, retrial ordered
Legal Topics
Murder, Confession, Trial Within Trial, Admissibility of Evidence, Retrial
Source Language
English
Criminal Law Criminal Procedure Murder Confession Trial Within Trial Admissibility of Evidence Retrial

Case Brief

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Parties

Gobre Kwaslema

Appellant

Marekwa Boki

Appellant

Karato Faustine @ Faro

Appellant

John Boki

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial within a trial was properly conducted regarding the admissibility of the extra-judicial statement
  2. 2 Whether the conviction and sentence were valid given procedural irregularities
  3. 3 Whether a retrial should be ordered

Ratio Decidendi

The trial was vitiated by procedural infractions in the conduct of the trial within a trial, specifically the failure to retire assessors, rendering the extra-judicial statement inadmissible and undermining the fairness of the trial. Given the existence of a prima facie case, a retrial is justified in the interests of justice.

Court Disposition

conviction quashed, sentence set aside, retrial ordered

Orders

  • Entire proceedings and judgment of the High Court nullified
  • Conviction quashed and sentence set aside for each appellant