Rashidi s/o Hamisi v. R., District Court Criminal Appeal 39-Kondoa-67; 7/6/67; Inspection Note by Hamlyn, J.
Accused was convicted in Primary Court of unlawful wounding, and sentenced to six months’ imprisonment. The District Court enhanced the sentence to eighteen months. Under the Third Schedule to the Magistrates’ Courts Act, 1963, the “ordinary powers of the primary court do not exceed a twelve month’s term of imprisonment.”
Noted: Under section 17(b) of the Magistrates’ Courts Act, 1963, the decision of a Primary Court may not be altered by a District Court so as to be in excess of the jurisdiction of the Primary Court. Sentence set aside “in the reversionary capacity of this Court;” twelve months’ imprisonment substituted.
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