[1991] UGHC 48
The court found that the default sentence of 6 weeks imprisonment imposed for failure to pay a fine of Shs. 2,000/= was illegal, as it contravened section 192(d) of the Magistrates Courts Act 1970 as amended, which prescribes a maximum default sentence of 7 days imprisonment for fines not exceeding Shs. 2,000/=. The...
Source-derived case information.
- Citation
- [1991] UGHC 48
- Parties
- Applicant: Uganda; Respondent: Amone Lakwo Nyero
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Revision 21 of 1991
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- Default sentence set aside and substituted; conviction upheld.
- Judges
- GM OKELLO, J
- Legal Topics
- Sentencing Procedure, Traffic Offences, Default Sentence, Judicial Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Amone Lakwo Nyero
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the default sentence of 6 weeks imprisonment for failure to pay a fine of Shs. 2,000/= is lawful 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 court found that the default sentence of 6 weeks imprisonment imposed for failure to pay a fine of Shs. 2,000/= was illegal, as it contravened section 192(d) of the Magistrates Courts Act 1970 as amended, which prescribes a maximum default sentence of 7 days imprisonment for fines not exceeding Shs. 2,000/=. The conviction itself was upheld as proper, since the accused admitted the facts and the essential ingredients of the offence were disclosed. Accordingly, the court set aside the illegal default sentence and substituted it with the lawful maximum of 7 days imprisonment.
Court Disposition
Default sentence set aside and substituted; conviction upheld.
Orders
- The default sentence of 6 weeks imprisonment is set aside.
- The default sentence is substituted with 7 days imprisonment in default of payment of the fine.
Full Case Text
Judgment text and source record
14 paragraphs
THE REPUBLIC OF UGANDA IN THE HIGH COURT GF UGANDA *KT* KAMPALA REVISION ORDER NO,21/91 (ORIGINAL CRIMINALcCASE•NO TMK 6/89)
UGANDA J:::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
VERSUS
AMONE LAKWO NYERO :::::::::::::::::::::::::::::::::::: ACCUSED
The Accused was charged with and convicted on his own plea of guilty of using on a road a motor vehicle in a dangerous machanical condition contrary to section 115(1) and (5) of the Traffic and Road Safety Act 1970. He was subsequently sentenced to a fine of Shs.\* \*\* 2,000/= or in default to <sup>6</sup> weeks imprisonment.
The Chief Magistrate of the area sent the relevant file to.. this court for a possible revision order on the ground that- the default sentence is illegal as it violates section 192(d) Of the MCA'70 as amended by Act of 1985\*
When the file was sent to the DPP for his views, Maureen Owor a State Attorney who wrote for the DPP agreed with that view and did not wish to be heard in the event of a Revisional Order being made.
My perusal of the record of the proceedings reveals thatthe conviction was proper. The plea though vague, the vagueness is cured by the narrated facts the correctness of which was admitted by the accused. The facts disclose all the essential ingredients of the offence alleged-.
......................./2
As regards the default sentence of <sup>6</sup> weeks imprisonment for a fine of Shs 200/=, T agree with the/ learned Chief Magistrate and the State Attorney that this is illegal. It contravenes section <sup>192</sup> (d) of the MCA'<sup>70</sup> as amended by Act of 1985\* Th?is section provides the maximum default sentence for a fine not exceeding Shs.2,000/= to only <sup>7</sup> days imprisonment.\*
— 2---------------
In the circumstances the default sentence of <sup>6</sup> weeks is set aside and in its place I substitute an order for default sentence of <sup>7</sup> days imprisonment.
G. M. Oke.llo
JUDGE 6/5/91.