[1928] EACA 12
The court held that there is no statutory authority permitting the substitution of detention in a reformatory for the payment of a fine. The sentences of detention in a reformatory in lieu of fines were therefore unlawful. The proper sentence is eighteen months' imprisonment, which may be served as three years'...
Source-derived case information.
- Citation
- [1928] EACA 12
- Parties
- Applicant: Crown; Respondent: Chegge wa Karig
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Confirmation Case No. 316 of 1928
- Procedural Posture
- Confirmation Case / Confirmation of Sentence
- Outcome
- sentence varied and partially quashed
- Judges
- Barth CJ
- Legal Topics
- Sentencing Powers, Reformatory Detention, Substitution of Fine, Theft of Stock, Juvenile Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Crown
Applicant
Chegge wa Karig
Respondent
Procedural Posture
Confirmation Case / Confirmation of Sentence
Legal Issues
- 1 Whether the court has power to award detention in a reformatory in lieu of payment of a fine.
- 2 Whether the sentences imposed under the Reformatory Schools Ordinance and the Theft of Stock and Produce Ordinance were lawful.
Ratio Decidendi
The court held that there is no statutory authority permitting the substitution of detention in a reformatory for the payment of a fine. The sentences of detention in a reformatory in lieu of fines were therefore unlawful. The proper sentence is eighteen months' imprisonment, which may be served as three years' detention in a reformatory. The fine imposed under the Theft of Stock and Produce Ordinance is affirmed, but all further orders for detention in lieu of payment of fines are quashed.
Court Disposition
sentence varied and partially quashed
Orders
- Sentence altered to eighteen months' imprisonment, to be served as three years' detention in the reformatory.
- Fine of Sh. 980 affirmed.
Full Case Text
Judgment text and source record
9 paragraphs
## CRIMINAL . CONFIRMATION.
## Before Sm JACOB BARTH, C. J.
## CROWN
*v.*
## CHEGGE wa KARIG U. Confirmation Case No. 316/1928.
The Reformatory Szhools Ordinance (Cap 39)-power. to award a sentence of detention in . a reformatory in lieu of the payment of a fine.
*H el,/* : -That the Court· has no power to pass such II sentence.
OaDER.-The accused has been convicted of nn offence under section 403 l. P. C. in respect of seven sheep, the ~alu~ of which is Sh. 98. He has been sentenced to eighteen months R. I. but t,he sent,ence has been altered under the Reformatory Schools Ordinance to one of three years detention in the reformatory. He bas further been sentenced under the Theft of Stock and Produce Ordinance to a fine of Sh. 980, and, apparently in lieu of the fine, to a period of four years detention in the Reformatory. But on the top of all this there is a further sentence of six mont,hs detention in lieu of the payment of fine ..
As at present advised there is **in my** opinion no power to award detent,ion in a reformatory in lieu of payment of a fine. The sentence is altered to one of eighteen months' imprisonment-. Insten~ of undergoing t,hat sentence the accused to be det,ained in the reformatory for a period of three **years.** The fine of Sh. 980 is affirmed. The further orders for detention **are** quashed.