jihn chibuzo vs republic 2023 tzca 17433 20 july 2023
The trial judge failed to direct assessors on vital points of law during summing up, which is a fatal irregularity under section 298(1) of the CPA and binding case law, rendering the trial from summing up onwards null and void. The appropriate remedy is to nullify proceedings from the summing up stage, quash the conviction and sentence, and order a fresh summing up and judgment, or a full retrial if the original assessors are unavailable.
Source excerpt
- Trafficking in narcotic drugs
- Summing up to assessors
- Role of trial judge
- Procedural irregularity
- Retrial