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Failure by the trial judge to direct assessors on the ingredients of the offences charged vitiated the proceedings from the summing up stage onwards; partial nullification and retrial from summing up is warranted, except for the third respondent.
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Failure to direct assessors on the ingredients of the offences charged vitiated the trial from the stage of summing up; partial nullification is warranted due to irretrievable exhibits and witness availability concerns.
Source excerpt
The Court of Appeal nullified a murder conviction after finding the trial judge failed to properly direct assessors on circumstantial evidence, and ordered a retrial.
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