[1927] EACA 22
The court found that the order requiring the accused to report monthly was ultra vires the Criminal Procedure Ordinance, as Rule 9 of the 1916 Rules, which purported to authorize such an order, exceeded the powers granted by section 446(3) of the Ordinance. The court noted that while the accused may have failed to...
Source-derived case information.
- Citation
- [1927] EACA 22
- Parties
- Applicant: Ndolo s/o Wambua
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Revision Case No. 24 of 1927
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- Order to report monthly set aside as ultra vires; sentence of imprisonment in default of fine altered from rigorous to simple imprisonment.
- Judges
- Pickering J
- Legal Topics
- Habitual Offenders, Criminal Procedure Ordinance, Ultra Vires Rules, Reporting Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndolo s/o Wambua
Applicant
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the order requiring the accused to report monthly is ultra vires the Criminal Procedure Ordinance.
- 2 Whether the sentence of imprisonment in default of payment of fine should be altered from rigorous to simple imprisonment.
Ratio Decidendi
The court found that the order requiring the accused to report monthly was ultra vires the Criminal Procedure Ordinance, as Rule 9 of the 1916 Rules, which purported to authorize such an order, exceeded the powers granted by section 446(3) of the Ordinance. The court noted that while the accused may have failed to notify a change of residence, the requirement to report monthly was not validly imposed. Consequently, the order to report monthly was declared of no effect. Additionally, the court altered the sentence of imprisonment in default of payment of the fine from rigorous to simple imprisonment, finding the original sentence inappropriate under the circumstances.
Court Disposition
Order to report monthly set aside as ultra vires; sentence of imprisonment in default of fine altered from rigorous to simple imprisonment.
Orders
- The order requiring the accused to report monthly is set aside as ultra vires.
- The sentence of imprisonment in default of payment of the fine is altered from rigorous to simple imprisonment.
Full Case Text
Judgment text and source record
10 paragraphs
## CRIMINAL REVISION.
## Before- P1cKERINO, J.
## cuow:s
*v.*
## NDOLO s/o· WA-MBUA. Revision Case 24/1927.
Habitual Offenders-Rules under section 446 of · the Criminal Procedure Ordino.nce.
*H* e/,1 : -That· the 01·der to report monthly is *1,ltra* tJires the Ordinance.
The Rules under section 445 Cr. **P. O. are** published at pages 186 and 187, Volume 1, of the Orders, Proclamations, etc. Rule 9 is the Rule which is held to .be *ultra vires.*
0RDER.-This case is not without difficulty. It would llJJpear from the notes of the evidence that a Fort, Hall criminal file 86/1922 was produced. If so, the sentence was duly proved. If the charge wns put to the accused that he failed to report his i1ddress it was inaccurate but not. wholly. misleading: Looking at, the 1912 Rules it is clear that before leaving gaol he must have notified his address. From the Police Report it would appear that what he really failed to do was to notify 11 change of· residence. The orde\_r to report monthl:'· is of no effect-, the Rule of 1916 being *ultra vircs* derived fro·m section 446 (3) Criminal Procedure Ordinance. The sentence of imprit;nnment in default of payment. of the fine is ·altered from rigorous to simple imprisonment.
Note.-ln Criminal Re~ision Case 21/1927 the Rule of 1916 was held to be *ultra vires* by Pickering, J, and Sheri~n, J.