19840914 TZHC Tabora

.......... ...;_.,.-- 'M~\\ -(£)\){!.5\- bo\)-im-~---·- IN THE HIGH C(,Ul--.T CJ, TANZANIA AT TABCP..A APPLLLATE JURISDICTICN (Tabora Registr{) (fC) CRIMNAL APPEAL N0,1J OF' 1984 ORIGINAL CRIY..1INAL REV#~C-.70F 1984 OF THE DISTRICT CCUitT OF .] GUNGA DISTRICT AT IGUNGt, · before UFAGA Lsqo, SLNIGL LI :;Tf.ICT }'.t,GISTRATE / KASOGE KALONGA••oo•o••oo•••o•••o~, .••••••••••• APPELLANT VS: THE REPUBLIC ••••••••••••••••••••• , .••• o o • • • . • • • RESf··ONDENT J U L G £ } i N T MCHOME .P.R.M. ..(Ext ended Juristicti(!,!:) This is an appeal against enhancement of senten~et The appellan\g one Yasuge Kalonga was originaJly ~ . charged in Ziba Primary Court with Assault causing aetuel bodily Harm and convicted and ser..tcmced to 1000/• fine Of six months jail in default. The bistrict Court, Igunga c;alled up the file for revision and enhanced the senteqf·, . to twelve months imprisonment in nddition to the Shs.1000/= fine. The groqnds of appeal are tt3t the complainant in the . .:.,. Primary Court had no right to appE:al personally to the District Court against the senterce. Secondly the.learne~ Senior Pistrict Magistrate e~red in admitting additt0,-)J eyidence on revision which evidence was 11,ot available al the trial. Thirdly the adclition,ll evidence was impropel"\t" taken as it was not taken on oath and the appell,ant was n°f"·-· given chance to cross-exa~ine tho corrplainant • . Lastly , that it was improper to impose both imprisonme·nt and fine in this offence. The learned state attorney did not oppose ~ny of the · grounds of· appeal. He concurre~ with the le~rned counsel for the appellant in the latter•~ .submission that the District Court acted irregularly and the only remecy it 410 restore the sentence imposea by the Primary Court . Magistrate. I agree with both 1earne~ co~nsel that the District .Magistrate acted improperly. !;• .1sked the complninant to produce new evidence not .even on Ollth 'arid also without availing the appellant the opportupity to cro.ss~~amine the complainant. •••ooogo•••••••/2., . \ ·-....--...~---·· " f .. \. 2 ~he P,•e:edings before the District Magistrate are therefore a nullity and I quash them. The eonviet,on and 1enten•es imposed by the Primary Court are hereby resto~ed~. L.B. MCHm1E P.R.N.(L.J) 14:/9/1984. I Ce•tify that this is a true copy of the origtna.,, I. j&~j/'J DISTRICT RE6ISTRAR TABORA ) . \