Mulokozi Anatory versus The Republic; Criminal Appeal No. 124 of 2014; Court of Appeal of Tanzania at Bukoba (Unreported).
- Criminal Procedure
- Assessors – the Judge fails to sum up the case of each assessor whether fatal.
- Irregularities – Irregularities in criminal trial – what is the test to be used to nullify proceedings?.
Held:-
(i) In criminal trial, it is mandatory that each assessor should state his own opinion orally and individually. However, if they state their opinion jointly, the irregularity is not fatal as it does not occasion miscarriage of justice.
(ii) Before pronouncing any proceeding in a Criminal Case to be a nullity; it must be shown that the irregularity was such that it prejudiced the accused and, therefore, occasioned failure of justice.