[1990] UGHC 32
The court found that the conviction of Accused No2 was proper as the plea of guilty was unequivocal and the record showed no irregularity. The sentence imposed, consisting of both a fine and imprisonment, was justified by the trial magistrate on the grounds of the frequency of the offence in the area. The reviewing...
Source-derived case information.
- Citation
- [1990] UGHC 32
- Parties
- Applicant: Uganda; Defendant: A. I Okeny Alando; Defendant: A. II Opto Anjelo
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Case 113 of 89
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- conviction_and_sentence_upheld
- Judges
- GM OKELLO, J
- Legal Topics
- Possession of Classified Drugs, Plea of Guilty, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
A. I Okeny Alando
Defendant
A. II Opto Anjelo
Defendant
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the conviction of Accused No2 on his plea of guilty was proper under the Pharmacy and Drugs Act.
- 2 Whether the sentence imposed was justified given the frequency of the offence in the area.
Ratio Decidendi
The court found that the conviction of Accused No2 was proper as the plea of guilty was unequivocal and the record showed no irregularity. The sentence imposed, consisting of both a fine and imprisonment, was justified by the trial magistrate on the grounds of the frequency of the offence in the area. The reviewing judge determined that no further action was required and ordered the file to be returned to the Magistrate's Court for retention.
Court Disposition
conviction_and_sentence_upheld
Orders
- File ordered to be returned to the Magistrate's Court Kitgum for retention.
Full Case Text
Judgment text and source record
15 paragraphs
me How. Mr. Justice Solvade
## THE REPUBLIC OF UGANDA
IN THE MAGISTRATE'S COURT OF GULU MAGISTERIAL AREA
HOLDEN AT KITGUM
CRIMINAL CASE NO. MK. 113/89
UGANDA :::::::::::::::::::::::::::::::::::
## VERSU
A. I OKENY ALANDO $\begin{array}{c}\n\begin{array}{c}\n\bullet \\ \bullet \\ \bullet\n\end{array}\n\end{array}$ A. II OPTO ANJELO
BEFORE: The Hon. Mr. Justice G. M. Okello
## REVISION ORDER:
I directed the calling of this file under section 339 of the Criminal Procedure Code in order to inspect the record of the proceedings therein.
The two accused persons were jointly charged with being in nossession of classified drugs otherwise than in accordance with section 44(2) of the Pharmacy and Drugs Act 39/70. Accused No2 was convicted on his own plea of guilty and he was sentenced to both a fine of three thousand shillings and a term of two months imprisonment. The fine was duly paid. The charge against accused No1 was withdrawn.
My perusal of the record of the proceedings reveals that no further action is required. The conviction was proper as the plea was clearly unequivocal. The Trail Magistrate gave reason for the sentence as being the frequency of the offence in the area.
The file is therefore ordered to be returned to the Magistrate's Court Kitgum for retention.
C. Shin G. M. Okello JUDGE $7/9/1990.$