R. v. Lameck Mauwa Inspection Note (Crim. Case 158/1970 Kilosa District Court) Biron J.

R. v. Lameck Mauwa Inspection Note (Crim. Case 158/1970 Kilosa District Court) Biron J.

            The accused was charged in the District Court of Kilosa on two counts under the Witchcraft Ordinance, the second one being that the threatened to use of resort to the use of witchcraft upon or against the person of Chamila Masingiza with intent to cause the latter’s death. The Magistrate held a Preliminary Inquiry and committed the accused for trial by the High Court. By letter dated 21^st June, 1971, the Director of Public Prosecution entered a nolle prosequi and directed that the case be tried by the District Court. The District Court Magistrate instead of complying with the direction forwarded the proceedings to the High Court pointing out that the case was not triable by the District Court and giving as his authority the case of R. v. Kalimba bin Koula 1 T. L. R. (R) 57.

                        Held: “The Magistrate ………. Did not go direct to the source of authority, and that is the First Schedule to the Criminal Procedure Code at Part B wherefrom he would have noted that the case he cited which was decided in 1938, was no longer good law as the relevant paragraph was amended in 1960 by altering the word “seven” in the relevant paragraph so that it now reads. “If punishable with imprisonment for three years or upwards but less than ten”, and the maximum penalty for the offence, even where there is an intent to injure is seven years. The case is therefore triable by the District Court.”