[1991] UGHC 55
The trial magistrate imposed a default sentence of four months imprisonment for failure to pay a fine of Shs. 1,500/=. This sentence is illegal because section 192(d) of the Magistrates Courts Act, as amended by Act 4 of 1985, prescribes a maximum default sentence of seven days imprisonment for fines not exceeding...
Source-derived case information.
- Citation
- [1991] UGHC 55
- Parties
- Applicant: Terezina Dulu; Respondent: Uganda
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Revision 46 of 1991
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- default sentence set aside and substituted
- Judges
- GM OKELLO, J
- Legal Topics
- Traffic Offences, Sentencing Illegality, Default Sentence, Magistrate Courts Act, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Terezina Dulu
Applicant
Uganda
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the default sentence of four months imprisonment for non-payment of a fine of Shs. 1,500/= is legal under section 192(d) of the Magistrates Courts Act as amended.
- 2 Whether the conviction based on the accused's plea was proper.
Ratio Decidendi
The trial magistrate imposed a default sentence of four months imprisonment for failure to pay a fine of Shs. 1,500/=. This sentence is illegal because section 192(d) of the Magistrates Courts Act, as amended by Act 4 of 1985, prescribes a maximum default sentence of seven days imprisonment for fines not exceeding Shs. 2,000/=. The conviction itself was proper, as the accused's plea was unequivocal and the facts narrated supported the offence charged. However, the illegal default sentence cannot be allowed to stand. The High Court, exercising its revisionary jurisdiction, set aside the four-month default sentence and substituted it with the lawful maximum of seven days imprisonment.
Court Disposition
default sentence set aside and substituted
Orders
- The default sentence of four months imprisonment is set aside.
- A default sentence of seven days imprisonment is substituted in its place.
Full Case Text
Judgment text and source record
13 paragraphs
THE RPUBLIC OF UGANDA
The How. Mr. Justice F. M. S. Egonda Alterda
## IN THE HIGH COURT OF UGANDA AT GULU
## CRIMINAL REVISION DO. 46/91
TEREZINA DULU ::::::::::::::::::::::::::::::::::
## VERSUS
UGANDA ::::::::::::::::::::::::::::::::::: BEFORE: The Hon, Mr. Justice G. M. Okello: REVISION ORDER:
The Accused was convicted on his own plea of a traffic offence under sections 115(1) and (5) of the Traffic and $\alpha$ oad Safety Act 1970. He was subsequently sentenced to a fine of Shs. 1,500/= or to four months imprisonment in default of payment.
It was during my routine inspection of monthly Criminal Gase Returns that I was struck by the order of the default sentence which $\frac{1}{2}$ considered is illegal. I then directed that the relevant case file be called for my inspection. The same was done and the relevant case file was placed before On inspection of the record of the proceedings, I formed the view that me. the conviction is proper. The plea upon which it is based is un equivocal and and the narrated facts revealed the commission of the offence charged.
I confirmed however, that the default sentence of 4 months imprisonment for a fine of $S_{hs.1,500/=}$ is illegal as it violates section 192(d) of the MCA'70 as amended by Act 4 of 1985. This section prescribes the maximum default sentence for a fine which does not exceed Shs2000/= to only $\frac{7}{7}$ days imprisonment.
When the relevant file was sent to the DPP for his views, Nandamula Betty a State Attorney who wrote the opinion for the DPP in her letter ref. $6/4/2$ of 6th May 1991 shared the above views and did not wish to be heard in the event of a Revision Weder being made.
Fo the reaeons given hereaboye^ the default sentence of 4 months imprisonment imposed by the trial Magistrate for a fine of Shs\*15OO/= is clearly illegal^ It violates section 192(d) of the MCA1<sup>70</sup> as amended by Act <sup>4</sup> of 1985# Such illegal sentence cannotbe allowed to stand. It is Set aside and in its place it is substituted a default sentence of <sup>7</sup> days imprisonment.
J UP <sup>G</sup> <sup>E</sup> 127 12/91\*