N

-\i Ii. T'L2 LGG' JlT Oi' TAT Z J1 - LiT 1LjT YJi.ISDICTIo:.: (Ivlbeya Re:istry) (PC) CRBJffJ.L l:1°L NO. 1 O? 12 ORIGINiL CIINL tFTDAL NO. 15 OP 1982 O' TIlE DISTHICT COURT OF IvIIQZI DISTIIOT IT MBOZI Before: E. J. Liwakibete, District 1Iagistrate. IJSAS/OW.SElIRINDI.............. VJRStJS THERiPUBLIC .. .........•. ..... 1S0UNT • v-:. CHiRGE: 1st count: .xglary c/s.294 (1) of the Penal Co.de 2nd Count: Stealing c/s.265 of the Penal Code. JUDiENT The appellant was charged before Vwawa.Prioary Court of kbozi Bistrict. He was facing two counts: burl and ete4ling. He. was acquitted of bur-lary but convicted of the second count of stealing and fined Shs.800/ or 12 tionths imprisonment. M official wa Upelelezi ilaya ya Lthozi wrote a letter to the District Court, asking the court to enhance the sentence because he was not satisfied with the sentence imposed by the !-'rimary'QouZtW The 1eaned. Diatrict agistrate teated this letter as an appeal and purported to hear it. He again purported to allow the appeal, set aside the decision of the trial court and convicted the appellant of both counts as chared. He sentenced biii to 3 years imp:.isonnent on the 1st count and 6 months on the second - concurrent. He .-rdered thnt the fine of 800/ imposed by the trial court he rofun1ed to the appellant. The prieonight this appel. Section 16. (i) (a) of the Magistrates courts' Act pd in black and white that it is the Director of Public Proseotion who has the riht to appeal against the decision of the irimary Gourt and nobody else. Th purported appeal by Mkuu wa Upelelezi va&iacoa4>etent and all proóeet.ins thereof a nullity. I allow the appeal. The proceedins and jud;ent of Lbzi District Court in Cr. App, Ikj5/82 are. quashed. The deciajon oi the trial Vw'va Primary Court iv rtored. The appellant should. be set free forthwith. The fine of a14,800/= should be rcfun..;d fjt ha. nc't ket been rtfundcd. The appellant .abafl raycarnow.