[1993] UGHC 81
The court found that the default sentence of 5 months imprisonment imposed on Moses Okello for failure to pay a fine of shs. 5000/= was illegal, as the law prescribes a maximum default sentence of 1 month for fines exceeding shs. 2000/= but not exceeding shs. 10,000/=. The court relied on Section 192(d) of the...
Source-derived case information.
- Citation
- [1993] UGHC 81
- Parties
- Prosecutor: Uganda; Accused: Moses Okello
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- High Court Criminal Revision 120 of 1991
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- Default sentence set aside and substituted with lawful maximum.
- Judges
- GM OKELLO, J
- Legal Topics
- Sentencing Illegality, Default Sentence, Disobedience of Lawful Order
- 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
Prosecutor
Moses Okello
Accused
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the default sentence imposed on the accused was illegal under the law.
- 2 What is the lawful maximum default sentence for a fine exceeding shs. 2000/= but not exceeding shs. 10,000/= under Ugandan law.
Ratio Decidendi
The court found that the default sentence of 5 months imprisonment imposed on Moses Okello for failure to pay a fine of shs. 5000/= was illegal, as the law prescribes a maximum default sentence of 1 month for fines exceeding shs. 2000/= but not exceeding shs. 10,000/=. The court relied on Section 192(d) of the Magistrates Courts Act as amended, and the concession by the State Attorney, to set aside the illegal sentence and substitute the lawful maximum. The decision underscores the requirement for judicial officers to adhere strictly to statutory sentencing limits, and affirms the court's power to revise illegal sentences on its own motion or upon application.
Court Disposition
Default sentence set aside and substituted with lawful maximum.
Orders
- The default sentence of 5 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
26 paragraphs
## THE REPUBLIC CP IN THE HIGH COU. PJ . CP U'PRDA AT KAMPALA HIGH COURT CRT...:: .. X PJV. NO. 120/91
UGANDA :::::::::: V jkl3U3 PROSECUTOR
MOSES OKELLO ::::::::::: BEFORE: THE HON. MR, JUSTICE G. M. CIOdr 0 ACCUSED
## REVISION ORDER
...
This file was forwarded to this court by Mr- Louis Ongom then Chief Magistrate of Gulu. Ho s ought a possible revision order. He complained that the default sentence imposed therein on the accused was illegal.
Moses j.io, the accused was clw.rged with disobedience of lawful order contrary to section 111 of the Ienal Code Act. He was alleged to have disobeyed a stop order given to him by the Police at a Road block on 18/12/90 when lie drove a Motor Vehicle Reg. No. UPJ 404 into the Road Block. ith Kitgum town. He pleaded guilty to the charge and he was convicted. Subsequently he was Cc' sentenced to a fine of shs. 5000/= or i:i default to 5 months <sup>1</sup> •' imprisonment.
Edward Wandera the Btate Attorney who wrote the opinion for the DPP in his letter Ref: 6/4/2 of. 4/11/92 conceded that the P' ' default sentence is illegal. He di-" wot wish to be heard in the P. event of a Revision Order being ?nndc.
The maximum defalult sentence for <sup>r</sup> fine exceeding shs. 2000/= but not exceeding shs. 10,000/= is fixed by law at 1 month. (S.192 (d) of the MCA\* 70 as amended ^7 J.ct 4/1985). The **^efoult**
<sup>|</sup> . • ../2.
sentence of 5 months imprisonment for a fine of shs. $5000/$ = is clearly illegal and has to be counceded.
$\overline{2}$
The default sentence is therefore set aside and in its place it is substituted a default sentence of 1 month imprisonment.
C. V. ind G. M. OKELLO
JUDGE. $9/9/93.$
$\mathcal{I}\mathcal{I}$
$\mathbf{1}$
$\mathbf{W}\}$ $P_{\zeta}$ $\text{Re}\,$
gu se.
im:
the
def
eve.
$50r$
200<sub>c</sub>
$(s.1)$