[1992] UGHC 84

[1992] UGHC 84

The High Court held that the sentence imposed by the Magistrate Grade 1, which gave the accused an option to pay a fine of 4000 shillings or serve four months imprisonment, was illegal and unknown to Ugandan law. The law requires that a fine be imposed with a default term of imprisonment only if the fine is not paid, and the maximum default sentence for a fine of 4000 shillings is one month imprisonment under section 192(d) of the Magistrates Courts Act. The court set aside the illegal sentence and substituted it with a lawful sentence: a fine of 4000 shillings or, in default of payment, imprisonment for one month. The order for compensation to the victim was upheld as proper.

Citation
[1992] UGHC 84
Parties
Accused: Tereza Yere; Prosecutor: Uganda
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
7 December 1992
Case Number
Revision Order Case No. 58/91
Procedural Posture
Revision Order / High Court Revision
Outcome
sentence varied; illegal sentence set aside; lawful sentence substituted
Judges
GM OKELLO, J
Legal Topics
Sentencing Procedure, Default Sentence, Illegal Sentence, Assault Actual Bodily Harm
Source Language
English
Criminal Law Sentencing Procedure Default Sentence Illegal Sentence Assault Actual Bodily Harm

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Parties

Tereza Yere

Accused

Uganda

Prosecutor

Procedural Posture

Revision Order / High Court Revision

Legal Issues

  1. 1 Whether the sentence imposed by the Magistrate Grade 1 was lawful under Ugandan law.
  2. 2 Whether the option of a fine or imprisonment is permissible for the offence of assault occasioning actual bodily harm.
  3. 3 What is the proper default sentence for non-payment of a fine under section 192(d) of the Magistrates Courts Act.

Ratio Decidendi

The High Court held that the sentence imposed by the Magistrate Grade 1, which gave the accused an option to pay a fine of 4000 shillings or serve four months imprisonment, was illegal and unknown to Ugandan law. The law requires that a fine be imposed with a default term of imprisonment only if the fine is not paid, and the maximum default sentence for a fine of 4000 shillings is one month imprisonment under section 192(d) of the Magistrates Courts Act. The court set aside the illegal sentence and substituted it with a lawful sentence: a fine of 4000 shillings or, in default of payment, imprisonment for one month. The order for compensation to the victim was upheld as proper.

Court Disposition

sentence varied; illegal sentence set aside; lawful sentence substituted

Orders

  • The illegal sentence giving the accused an option of either paying a fine or serving a term of imprisonment is set aside.
  • The accused is sentenced to a fine of 4000 shillings or, in default of payment, to imprisonment for one month.