Rashidi s/o Hamisi v. R., District Court Crim. App. 39-Kondoa-67, 7/6/67, Hamlyn, J.

Rashidi s/o Hamisi v. R., District Court Crim. App. 39-Kondoa-67, 7/6/67, Hamlyn, J.

Accused was convicted in Primary Court of unlawful wounding and sentenced to six months imprisonment. The District Court purported to enhance the sentence to eighteen months imprisonment.

            Held: Section 17 (b) of the Magistrates’ Court Act, 1963. Provides that the decision of a Primary Court shall not be altered by a District Court so as to be in excess of the jurisdiction of the Primary Court. Under the Third Schedule of the Act, the ordinary powers of the Primary Court do not exceed a twelve month term of imprisonment. The term of imprisonment was reduced to twelve months.