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Tanzania decisions
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The trial proceedings were a nullity because the High Court's order for proper committal was not complied with, and the original committal order was vacated, leaving no valid committal for the appellants to be tried in the High Court.
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The trial was vitiated by failure to properly involve and direct assessors on their roles and relevant points of law, rendering the trial a nullity and necessitating a retrial.
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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 held that failure to properly direct assessors on malice aforethought and circumstantial evidence rendered the murder trial a nullity and ordered a retrial.
The trial court proceedings were a nullity due to confusion and irregularity arising from withdrawal of the first appellant's suit, improper participation of parties, and inconsistency between the court record and judgment.
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The Court of Appeal nullified a murder conviction after finding the trial judge failed to properly direct assessors on key legal issues, and declined a retrial.
Failure to amend or substitute the charge after discharge of co-accused rendered the charge incurably defective, resulting in a nullity of the entire trial and conviction; such defect is not curable under section 388 of the CPA.
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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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Failure to read over and explain the substituted charge to the appellants and take their pleas constituted a fundamental breach of criminal procedure, rendering the trial a nullity and vitiating the convictions.
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Failure to take a plea to the substituted charge is a fundamental procedural irregularity that renders the entire trial a nullity and is not curable under section 388(1) of the Criminal Procedure Act.
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