[1996] UGHC 71

[1996] UGHC 71

The sentence of six strokes of the cane imposed on the accused, who was 16 years old at the time of conviction, was illegal because section 191(3) of the Magistrate's Court Act only permits corporal punishment for males under the age of sixteen. The accused, being 16, did not qualify for such a sentence. The High Court, exercising its revisional jurisdiction, set aside the illegal sentence and ordered that, if corporal punishment had not been implemented, the accused be cautioned under section 202(1) of the Magistrate's Court Act. The case was remitted to the lower court for compliance with this order.

Citation
[1996] UGHC 71
Parties
Applicant: Uganda; Respondent: Twerinde Deus; Respondent: Phaphias Karwize
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
1 July 1996
Case Number
Revision Case No. 17/95
Procedural Posture
Criminal Revision / Revisional Order/confirmation
Outcome
Sentence of corporal punishment set aside as illegal; accused to be cautioned if punishment not implemented.
Judges
Mukanza, J
Legal Topics
Theft, Sentencing of Juveniles, Corporal Punishment, Illegal Sentence
Source Language
English
Criminal Law Theft Sentencing of Juveniles Corporal Punishment Illegal Sentence

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Parties

Uganda

Applicant

Twerinde Deus

Respondent

Phaphias Karwize

Respondent

Procedural Posture

Criminal Revision / Revisional Order/confirmation

Legal Issues

  1. 1 Whether the sentence of corporal punishment imposed on the accused aged 16 years was lawful under the Magistrate's Court Act.
  2. 2 Whether the conviction and sentence required confirmation or revision by the High Court.

Ratio Decidendi

The sentence of six strokes of the cane imposed on the accused, who was 16 years old at the time of conviction, was illegal because section 191(3) of the Magistrate's Court Act only permits corporal punishment for males under the age of sixteen. The accused, being 16, did not qualify for such a sentence. The High Court, exercising its revisional jurisdiction, set aside the illegal sentence and ordered that, if corporal punishment had not been implemented, the accused be cautioned under section 202(1) of the Magistrate's Court Act. The case was remitted to the lower court for compliance with this order.

Court Disposition

Sentence of corporal punishment set aside as illegal; accused to be cautioned if punishment not implemented.

Orders

  • The sentence of six strokes of the cane imposed on the accused is set aside as illegal.
  • If corporal punishment has not been implemented, the accused is to be cautioned under section 202(1) of the Magistrate's Court Act.