[1991] UGHC 78

[1991] UGHC 78

The Penal Code Amendment Statute No. 5 of 1987, which increased the minimum sentence for offences under section 257 of the Penal Code Act to three years, came into force on 30 June 1987. John Peter Akiize was convicted and sentenced on 12 May 1987, prior to the commencement of the amendment. Therefore, the amended minimum sentence did not apply to his case. The trial magistrate acted within the law as it stood at the time, and the sentence of 18 months imprisonment was lawful. There was no illegality in the conviction or sentence, and no revision order was necessary.

Citation
[1991] UGHC 78
Parties
Applicant: Uganda; Respondent: John Peter Akiize
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
7 August 1991
Case Number
Revision Order No. 36/90
Procedural Posture
Criminal Revision / Revision Order
Outcome
no revision order necessary; conviction and sentence confirmed
Judges
Okello, J
Legal Topics
Sentencing, Penal Code Amendment, Minimum Sentence, Public Service Offences
Source Language
English
Criminal Law Sentencing Penal Code Amendment Minimum Sentence Public Service Offences

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Parties

Uganda

Applicant

John Peter Akiize

Respondent

Procedural Posture

Criminal Revision / Revision Order

Legal Issues

  1. 1 Whether the sentence imposed on John Peter Akiize was illegal in light of the Penal Code Amendment Statute No. 5 of 1987.
  2. 2 Whether the amended minimum sentence applied to the accused at the time of conviction and sentencing.

Ratio Decidendi

The Penal Code Amendment Statute No. 5 of 1987, which increased the minimum sentence for offences under section 257 of the Penal Code Act to three years, came into force on 30 June 1987. John Peter Akiize was convicted and sentenced on 12 May 1987, prior to the commencement of the amendment. Therefore, the amended minimum sentence did not apply to his case. The trial magistrate acted within the law as it stood at the time, and the sentence of 18 months imprisonment was lawful. There was no illegality in the conviction or sentence, and no revision order was necessary.

Court Disposition

no revision order necessary; conviction and sentence confirmed

Orders

  • No revision order is made.
  • File to be returned to Gulu Chief Magistrates Court for retention.