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Tanzania decisions
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The Court of Appeal of Tanzania allowed a murder appeal after finding the trial judge failed to properly involve assessors and explain provocation, rendering the trial a nullity.
The failure by both the trial and first appellate courts to properly consider the appellant's defence constitutes a fatal misdirection, vitiating the conviction and sentence.
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The High Court allowed the criminal appeal, quashed the conviction, set aside the 30-year sentence, and ordered the appellant’s release.
The Court of Appeal nullified a drug-trafficking conviction after finding serious misdirections to assessors, no reasons for dissent, and flawed trial procedure.
The trial was fundamentally defective because the trial judge failed to direct assessors on vital points of law and improperly expressed personal views during summing up, thereby influencing the assessors and violating the mandatory requirement for trials to be conducted with the aid of assessors. This rendered the proceedings a nullity and necessitated a retrial.
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The trial was fundamentally defective because the trial judge failed to direct assessors on vital points of law and improperly expressed personal views during summing up, thereby influencing the assessors and violating the mandatory requirement for trials to be conducted with the aid of assessors. This rendered the proceedings a nullity and occasioned a miscarriage of justice.
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The trial judge improperly influenced assessors by introducing extraneous matters not supported by evidence, vitiating the proceedings and warranting nullification without retrial.
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Improper summing up to assessors and misdirection on vital points, coupled with failure to give reasons for differing with assessors, rendered the trial a nullity as the judge was not properly aided by assessors, resulting in a miscarriage of justice.
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The Court of Appeal allowed the second appeal, finding the identification parade irregular and the visual identification unsafe, so the convictions were quashed.
The conviction was unsafe due to the trial court's failure to consider the defence, including alibi, non-compliance with section 231 of the Criminal Procedure Act, reliance on weak and uncorroborated identification evidence, and double standards in assessing evidence against co-accused. These misdirections rendered the conviction unsustainable.
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