Jumanne s/o Ramadhani and another v. R., (PC) Crim. App. 43-A-69, 10/1/70, Platt J.

 

Jumanne s/o Ramadhani and another v. R., (PC) Crim. App. 43-A-69, 10/1/70, Platt J.

The appellants were convicted in Primary Court of receiving stolen property and cattle theft respectively.

            Held: “There is a fundamental objection to the trial in that he assessors, who gave verdict, had not heard any part of the evidence. It is true that they were in court on the first mention of the case, but the assessors Mwanizi and Faraji constitutes the court with the trial Magistrate when the hearing began. They continued to sit during the hearing of the prosecution case. Then Twarindwa and Abdullah were present for an adjournment. When the Defence commenced, the assessors were Mbawan and Bakari. Finally Twarindwa and Abdullah gave verdict. It is not surprising that the appellants thought that the latter assessors were biased. Now the decision of the Primary court is to be that of a majority (see Act 18/69 amending the Magistrate’s Courts act Cap. 537) and it is provide that a trial may not proceed if all the assessors are absent either for good cause or absent themselves without cause. (See section 8(3) of the Act as amended). It is clear that the judgment of the trial Magistrate cannot stand alone. Therefore the trial was a nullity. I need hardly remark that the purpose of assessors is to add a broad base to the decision of the Primary Court. It would lead to obvious abuse if the assessors were to be changed in the way that occurred in this case. Accordingly the convictions of both appellants are quashed and sentences set aside.”