[1995] UGHC 49
The trial magistrate imposed a sentence of six months imprisonment or a fine of 75,000/=, which exceeded the statutory maximum fine of 1,000/= under section 113(1)(a) of the RRSA 1970. The Resident Senior State Attorney conceded the illegality of the sentence. The High Court, exercising its revisionary jurisdiction,...
Source-derived case information.
- Citation
- [1995] UGHC 49
- Parties
- Applicant: Uganda; Respondent: Ocan Robert
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Revision 7 of 1995
- Procedural Posture
- Criminal Revision / Order
- Outcome
- sentence set aside and substituted; excess fine ordered refunded
- Judges
- GM OKELLO, J
- Legal Topics
- Sentencing Illegality, Revision of Sentence, Motor Vehicle Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Ocan Robert
Respondent
Procedural Posture
Criminal Revision / Order
Legal Issues
- 1 Whether the sentence imposed by the trial magistrate complied with the statutory limits under section 113(1)(a) of the RRSA 1970.
- 2 Whether the court should set aside the illegal sentence and substitute a lawful one.
- 3 Whether the excess fine paid by the accused should be refunded.
Ratio Decidendi
The trial magistrate imposed a sentence of six months imprisonment or a fine of 75,000/=, which exceeded the statutory maximum fine of 1,000/= under section 113(1)(a) of the RRSA 1970. The Resident Senior State Attorney conceded the illegality of the sentence. The High Court, exercising its revisionary jurisdiction, found the sentence illegal and set it aside. The court substituted a lawful sentence of a fine of 5,000/= or, in default, imprisonment. Additionally, the court ordered the refund of the excess amount paid by the accused under the illegal sentence, applying the reasoning from a previous similar revision order.
Court Disposition
sentence set aside and substituted; excess fine ordered refunded
Orders
- The sentence imposed by the trial magistrate is set aside.
- The accused is sentenced to a fine of 5,000/= or, in default, imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
Hon. Mr. Justice Berko.
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA - AT GUIU CRIMINAL REVISION ORDER NC. MG. 7/95 (Original criminal case No. TMG $293/95$ ) Uganda .......... versus ......... Ocan Robert.
Before: The Honourable Mr. Justice G. M. Okello.
$ORDIR: -$
The accused in this case was convicted on his own plea by a magistrate grade I Gulu of using a motor vehicle for the carriage of Passengers or for hire or reward $\frac{\text{without a}}{\text{1}}$ . licence $c/s$ 113(1)(a) of the RRSA '70. He was then sentenced to 6 months imprisonment or to a fine of 75,000/= in lieu thereof. The fine was paid.
The above order of sentence is illegal as it did not comply with the section which created the offence. This section provided for imprisonment of not exceeding 6 months or to a fine of not exceeding 1,000/= or to both.
The Resident Senior State Attorney in his letter ref No. RSA/N/GK/12/95/PAP dated 15th December 1995 agreed that the order of sentence made by the trial magistrate did not comply with the section which created the offence. In his view, that sentence was illegal and he did not wish to be heard in the event of a Revision Crder being made.
As indicated here above, that order of sentence imposed by the magistrate is illegal. The detailed reasons made in Regision Order No.2/95 Uganda -vs- Obita Christopher for setting aside a similar sentence imposed by the same magistrate applies to this case with equal force. The sentence is therefore set aside and in its place the following order is substituted:-
$\ldots$ /2...
Sentence:-
Accused is sentenced to a fine of 5,000/= or in default a <sup>1</sup> non th imprisonment.
- <sup>2</sup> -
Order 2-
The balance of 70,000/= paid by the accused as a result of the illegal sentence ordered by the trial magistrate is to be refunded to the accused•
*<sup>t</sup> - .. . . •'* tf.lt Okelld
Resident Judge Oulu . 19/12/95.