g 2573 pc pacificus cleophance simon vs republic 2018 tzca 423 5 june 2018

Failure to record written summing up to assessors constitutes non-compliance with Section 298(1) of the Criminal Procedure Act, rendering the proceedings and judgment a nullity.

Citation: g 2573 pc pacificus cleophance simon vs republic 2018 tzca 423 5 june 2018
Parties: Appellant: Pacificus Cleophance Simon; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 June 2018
Procedural Posture: Criminal Appeal / Judgment
Outcome: proceedings and judgment declared a nullity; conviction quashed; sentence set aside; retrial ordered
Legal Topics: Murder, Manslaughter, Trial Procedure, Role of Assessors, Summing Up to Assessors
Source Language: English

Criminal Law Criminal Procedure Murder Manslaughter Trial Procedure Role of Assessors Summing Up to Assessors

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

Pacificus Cleophance Simon

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether failure to record written summing up to assessors vitiates proceedings
2 Compliance with Section 298(1) of the Criminal Procedure Act

Ratio Decidendi

Failure to record written summing up to assessors constitutes non-compliance with Section 298(1) of the Criminal Procedure Act, rendering the proceedings and judgment a nullity.

Court Disposition

proceedings and judgment declared a nullity; conviction quashed; sentence set aside; retrial ordered

Orders

Appellant to be tried afresh before another judge and a new set of assessors