This is the first appeal where the Appellant was convicted
and sentenced to death penalty for the offence of murder by the High Court.
During the trial the presiding judge considered a number of important legal
issues such as the ingredients of murder, the question of alibi and the
discrepancy in the testimonies of the witnesses. However, the trial judge did
not sum up those vital legal issues to the assessors. The issue before the
Court was whether or not failure by the trial judge to sum up to the assessors
on vital points of law renders the final judgment and sentence a nullity.