[1995] UGHC 51
The court found that the sentence imposed on the accused was illegal as it did not comply with the requirements of section 113(1)(a) of the TRSA '70. The Resident State Attorney conceded the illegality and did not oppose revision. The court exercised its revisionary powers to set aside the illegal sentence and...
Source-derived case information.
- Citation
- [1995] UGHC 51
- Parties
- Applicant: Uganda; Respondent: Ojok Richard
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Revision 4 of 1995
- Procedural Posture
- Criminal Revision / Order
- Outcome
- sentence set aside and substituted
- Judges
- GM OKELLO, J
- Legal Topics
- Sentencing Illegality, Motor Vehicle Offences, Revision of Sentence
- 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
Uganda
Applicant
Ojok Richard
Respondent
Procedural Posture
Criminal Revision / Order
Legal Issues
- 1 Whether the sentence imposed on the accused was lawful under section 113(1)(a) of the TRSA '70.
- 2 What is the appropriate sentence for the offence committed.
Ratio Decidendi
The court found that the sentence imposed on the accused was illegal as it did not comply with the requirements of section 113(1)(a) of the TRSA '70. The Resident State Attorney conceded the illegality and did not oppose revision. The court exercised its revisionary powers to set aside the illegal sentence and substitute it with a lawful one, imposing a fine of 5,000/= or one month imprisonment in default, and ordering the refund of the excess fine paid by the accused.
Court Disposition
sentence set aside and substituted
Orders
- The illegal sentence is set aside.
- The accused is sentenced to a fine of 5,000/= or in default one month imprisonment.
Full Case Text
Judgment text and source record
7 paragraphs
THE REPUBLIC OP UGANDA IN THE HIGH COURT OF UGANDA - AT GUDU CRIMINAL REVISION ORDER NO. MG. 4/95 (Original Cr. Case No. TMG 291/95) Uganda versus ........ Ojok Richard. Before: The Honourable Mr. Justice G. M. Okello.
ORDER:-
The accused was charged and convicted on his own plea of guilty of using a motor vehicle for the carriage of • Passengers for hire or regard without a licence contrary to section 113(l)(a) of the TRSA '70. He was sentenced to <sup>6</sup> months imprisonment or to a fine of shs 75,OOo/= in lieu thereof. The fine was paid.
As the Resident State Attorney agrees that the above sentence is illegal for non compliance with the section which created the offence and did not wish to be heard in the event of a revision order being made, the illegal sentence is set aside. In its place the following orders are substituted:-
Ct. I:- Accused is sentenced to a fine of 5,000/= or in default <sup>1</sup> month imprisonment. The balance of 70,00q/= be refunded to 'die accused.
I t-c. -X. Z G. E. Okello Resident Judge Gulu.
18/12/95-