USI ATHUMANI MATU v REPUBLIC 1988 TLR 78

Facts
The appellant was charged with and convicted of murder. After close of the hearing of the case one assessor opined that the appellant was not guilty of murder. The second assessor was of the view that the evidence established the offence of manslaughter. The learned judge, on the evidence, was convinced that the appellant was guilty of murder as charged. The judge recorded his reasons for departing from his assessors in assessing the evidence and convicted the appellant as charged.On appeal the appellant charged that the judge erred in departing from his assessors in assessing the evidence. 
Held: (i) The learned trial judge in this case complied with the Baland Singh rule of practice and that he gave good and convincing reasons for reaching a different conclusion from those of his assessors.
(ii) the proved facts showed that the offence of murder was established. 
Case Information 
Appeal dismissed. 

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