Sikujua Hosea versus The Republic

Sikujua Hosea versus The Republic; Criminal Appeal No. 354 of 2014: Court of Appeal of Tanzania at Bukoba (Unreported).

• Criminal Procedure

• Assessors – failure of trial judge to direct assessors on a vital point – effect.
• Assessors – value of assessor’s opinion.

Held:-

(i) The opinion of assessors can be of great value and assistance to a trial judge but only if they fully understand the facts of the case before them in relation to the relevant law.  If the law is not explained and attention not drawn to the salient facts of the case, the value of assessors’ opinion is correspondingly reduced.

(ii) It is settled that where the trial judge failed to direct assessors on a vital point, the trial court cannot be said to have been aided by assessors.  (Note:  in this case, the fact that the appellant and the deceased fought was not addressed to assessors during the sum up the case).