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Tanzania decisions
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The Court of Appeal held that the accused had been properly arraigned and need not be reminded of the charge at trial. It set aside the High Court retrial order.
The Court of Appeal held that failure to take plea on all substituted counts rendered the trial a nullity and refused a retrial.
Failure to properly arraign the accused and take their plea, combined with defects in chain of custody and evidence handling, rendered the trial a nullity and prejudiced the appellants' right to fair hearing; retrial would allow prosecution to fill evidentiary gaps, which is impermissible.
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The Court of Appeal in Zanzibar quashed a manslaughter conviction after finding the High Court failed to arraign the accused as required by law.
Failure to take plea before commencement of trial with assessors is a fatal omission that renders the entire proceedings a nullity and is not curable under section 388(1) of the Criminal Procedure Act; a retrial is necessary to ensure justice.
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Failure to call upon the appellant to plead to the charges at the commencement of trial is a fundamental procedural irregularity that renders the entire trial a nullity; consequently, the conviction and sentence must be set aside and the proceedings quashed.
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The Court of Appeal allowed a criminal appeal after finding the charge sheet was not formally and properly placed before the trial court, making the proceedings a nullity.
The Court of Appeal held the criminal trial a nullity because the respondents did not plead to all counts after amendment of the charge, and it refused a retrial.
The Court of Appeal nullified a murder trial for fatal procedural irregularities, including assessor issues, no recorded plea, and inadequate summing up, and ordered a retrial.
Failure to read and explain the substituted charge to the appellants and take their pleas rendered the trial a nullity and vitiated their convictions; appellants were not accorded a fair trial.
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