[1995] UGHC 46
The court found that the default sentence of 6 months imprisonment imposed for non-payment of a fine of 5000/= was illegal as it contravened section 192(d) of the Magistrates Courts Act, which prescribes a maximum default sentence of one month imprisonment for such a fine. The error was apparent on the face of the...
Source-derived case information.
- Citation
- [1995] UGHC 46
- Parties
- Prosecutor: Uganda; Accused: Peter Tilla
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Revision 15 of 1991
- Procedural Posture
- Criminal Revision / Order
- Outcome
- Default sentence of 6 months imprisonment set aside and substituted with 1 month imprisonment in default of payment of fine.
- Judges
- GM OKELLO, J
- Legal Topics
- Sentencing, Default Sentence, Plea of Guilty, Assault Ocassioning Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Prosecutor
Peter Tilla
Accused
Procedural Posture
Criminal Revision / Order
Legal Issues
- 1 Whether the default sentence of 6 months imprisonment for non-payment of a fine of 5000/= was lawful.
- 2 Whether the sentence contravened section 192(d) of the Magistrates Courts Act.
Ratio Decidendi
The court found that the default sentence of 6 months imprisonment imposed for non-payment of a fine of 5000/= was illegal as it contravened section 192(d) of the Magistrates Courts Act, which prescribes a maximum default sentence of one month imprisonment for such a fine. The error was apparent on the face of the record, and the DPP conceded the illegality. The court exercised its revisionary powers to set aside the illegal sentence and substituted it with the lawful maximum of one month imprisonment in default of payment of the fine.
Court Disposition
Default sentence of 6 months imprisonment set aside and substituted with 1 month imprisonment in default of payment of fine.
Orders
- The default sentence of 6 months imprisonment is set aside.
- A default sentence of 1 month imprisonment is substituted in its place.
Full Case Text
Judgment text and source record
7 paragraphs
## tCBB REPUBLIC OF OGAMDA iiT nn; hk;h court of idanda at . CAIPALA CRIMPT/iL ROTISICW 0RD3R NO, 15/91
UGANDA 'S?\*?\*\*»?sg VRS\* PROSECUTOR
PETER TLLA s s s <sup>3</sup> <sup>z</sup> ; <sup>3</sup> <sup>2</sup> <sup>g</sup> s <sup>g</sup> Bjg^ysj.jpzn how, hr\* justice <sup>g</sup>.ii, oksllo ORDER; ACCUSED
This file was in pursuance to section <sup>339</sup> &£ the Criminal Procedure Code called to this court for inspection., Upon perusal of the record of the proceedings, it was found that the accused was convicted on his own plea of guilty of Assault occasioning actual bodily harm contrary to section 228 of the Penal Code Act\* The plea was unequivocal and the narrated facts which the accused admitted constituted the commission of the offence\* He was subsequently sentenced to a fine of 5000/= or to <sup>6</sup> months imprisonment in default of payment of that fine\*
That default sentence of 6 months imprisonment for a fine of 5000/= was illegal\* It contravened section <sup>192</sup> (d) of the MCAr7O\* That section provides a maximum default sentence for a fine of 5000/= to one month imprisonment\* That error need correction.
As conceded by the D\*P\*P\* in his letter Refs DPP/04/4 25/11/94? the default sentence of <sup>6</sup> months is set aside and in its place it is substituted a default sentence of <sup>1</sup> month imprisonment.
G\*M\* 0K3LL0 JUDGE\* 28/2/95.