livinstone batholomeo urasa vs republic 2021 tzca 733 3 december 2021

The trial judge's failure to adequately sum up the case to assessors on all vital points of law vitiated the trial, rendering it a nullity as it was not conducted with the aid of assessors as required by section 265 of the Criminal Procedure Act.

Source-derived case information.

Citation: livinstone batholomeo urasa vs republic 2021 tzca 733 3 december 2021
Parties: Appellant: Livingstone Batholomeo @ Urassa; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 December 2021
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed; trial proceedings and judgment nullified; conviction quashed; sentence set aside
Legal Topics: Trial Procedure, Role of Assessors, Summing Up, Trafficking in Narcotic Drugs
Source Language: english

Criminal Law Trial Procedure Role of Assessors Summing Up Trafficking in Narcotic Drugs

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2

Parties

Livingstone Batholomeo @ Urassa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the trial judge properly summed up the case to assessors
2 Whether the trial was conducted with the aid of assessors as required by law

Ratio Decidendi

Court Disposition

appeal allowed; trial proceedings and judgment nullified; conviction quashed; sentence set aside

Orders

Case remitted to High Court for retrial from summing up stage before a new judge with same assessors, subject to section 299 of the CPA
If assessors cannot quorate, appellant to be tried de novo

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