[1933] EACA 24

[1933] EACA 24

The court held that section 28 of the Penal Code is confined to fines and does not authorize imprisonment in default of payment of compensation awarded under section 30. The appropriate remedy for non-payment of compensation is provided by section 318 of the Criminal Procedure Code, which prescribes a levy by distress and sale of the accused person's property. Accordingly, the order for two months' hard labour in default of payment of compensation was quashed, and the remainder of the sentence was confirmed.

Citation
[1933] EACA 24
Parties
Applicant: Rex; Respondent: Wandhala s/o Muholi
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1933
Case Number
Con. C. 548/1933.
Procedural Posture
Criminal Confirmation / Judgment
Outcome
Order for imprisonment in default of compensation quashed; original sentence otherwise confirmed.
Judges
Barth CJ, Lane, Ag. J
Legal Topics
Compensation in Criminal Cases, Default of Payment, Levy by Distress, Imprisonment in Default, Penal Code Interpretation
Source Language
English
Criminal Law Compensation in Criminal Cases Default of Payment Levy by Distress Imprisonment in Default Penal Code Interpretation

Case Brief

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Parties

Rex

Applicant

Wandhala s/o Muholi

Respondent

Procedural Posture

Criminal Confirmation / Judgment

Legal Issues

  1. 1 Whether a court has power under section 28 of the Penal Code to order imprisonment in default of payment of compensation awarded under section 30 of the Penal Code.
  2. 2 What is the proper remedy for non-payment of compensation ordered under section 30 of the Penal Code.

Ratio Decidendi

The court held that section 28 of the Penal Code is confined to fines and does not authorize imprisonment in default of payment of compensation awarded under section 30. The appropriate remedy for non-payment of compensation is provided by section 318 of the Criminal Procedure Code, which prescribes a levy by distress and sale of the accused person's property. Accordingly, the order for two months' hard labour in default of payment of compensation was quashed, and the remainder of the sentence was confirmed.

Court Disposition

Order for imprisonment in default of compensation quashed; original sentence otherwise confirmed.

Orders

  • The order for two months' hard labour in default of payment of compensation is quashed.
  • The sentence of six months' imprisonment with hard labour and payment of Sh. 101 compensation is confirmed.