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Crown v Chegge wa Karigu (Confirmation Case No. 316 of 1928) [1928] EACA 12 (1 January 1928)
- Citation
- [1928] EACA 12
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Barth CJ
- Case number
- Confirmation Case No. 316 of 1928
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Barth CJ
- Case number
- Confirmation Case No. 316 of 1928
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that there is no statutory authority permitting the substitution of detention in a reformatory for the payment of a fine. The sentences of detention in a reformatory in lieu of fines were therefore unlawful. The proper sentence is eighteen months' imprisonment, which may be served as three years' detention in a reformatory. The fine imposed under the Theft of Stock and Produce Ordinance is affirmed, but all further orders for detention in lieu of payment of fines are quashed.
Court disposition
sentence varied and partially quashed
Orders
- Sentence altered to eighteen months' imprisonment, to be served as three years' detention in the reformatory.
- Fine of Sh. 980 affirmed.
- Further orders for detention in lieu of payment of fine quashed.
02
Material facts
Parties
Crown
ApplicantChegge wa Karig
RespondentAmounts and remedies
- Value of Stolen Sheep: UGX 98
- Fine Imposed: UGX 980
03
Procedural history
Posture
Confirmation Case / Confirmation of Sentence
04
Questions and positions
Legal issues
- 01
Whether the court has power to award detention in a reformatory in lieu of payment of a fine.
- 02
Whether the sentences imposed under the Reformatory Schools Ordinance and the Theft of Stock and Produce Ordinance were lawful.
Party arguments
- Applicant
- The prosecution sought confirmation of sentences imposed, including detention in a reformatory in lieu of payment of a fine, following conviction for theft of stock.
- Respondent
- The accused did not present arguments on the legality of substituting detention in a reformatory for payment of a fine; the matter was considered by the court on review.
05
Court’s reasoning
Legal principles
- 01
Reformatory Schools Ordinance (Cap 39)
A court has no power to award detention in a reformatory in lieu of payment of a fine.
- 02
General sentencing principles; section 403 IPC
Sentences must be imposed in accordance with statutory powers and limitations.
06
Ratio, limits and disposition
Ratio decidendi
The court held that there is no statutory authority permitting the substitution of detention in a reformatory for the payment of a fine. The sentences of detention in a reformatory in lieu of fines were therefore unlawful. The proper sentence is eighteen months' imprisonment, which may be served as three years' detention in a reformatory. The fine imposed under the Theft of Stock and Produce Ordinance is affirmed, but all further orders for detention in lieu of payment of fines are quashed.
Obiter and limits
- As at present advised, there is in my opinion no power to award detention in a reformatory in lieu of payment of a fine.
Court disposition
sentence varied and partially quashed
- Sentence altered to eighteen months' imprisonment, to be served as three years' detention in the reformatory.
- Fine of Sh. 980 affirmed.
- Further orders for detention in lieu of payment of fine quashed.
Source and reliance status
East African Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Appeal
Judgment
CRIMINAL . CONFIRMATION.
Before Sm JACOB BARTH, C. J.
CROWN
*v.*
CHEGGE wa KARIG U. Confirmation Case No. 316/1928.
The Reformatory Szhools Ordinance (Cap 39)-power. to award a sentence of detention in . a reformatory in lieu of the payment of a fine.
*H el,/* : -That the Court· has no power to pass such II sentence.
OaDER.-The accused has been convicted of nn offence under section 403 l. P. C. in respect of seven sheep, the ~alu~ of which is Sh.
98. He has been sentenced to eighteen months R. I. but t,he sent,ence has been altered under the Reformatory Schools Ordinance to one of three years detention in the reformatory. He bas further been sentenced under the Theft of Stock and Produce Ordinance to a fine of Sh. 980, and, apparently in lieu of the fine, to a period of four years detention in the Reformatory. But on the top of all this there is a further sentence of six mont,hs detention in lieu of the payment of fine ..
As at present advised there is in my opinion no power to award detent,ion in a reformatory in lieu of payment of a fine. The sentence is altered to one of eighteen months' imprisonment-. Insten~ of undergoing t,hat sentence the accused to be det,ained in the reformatory for a period of three years. The fine of Sh. 980 is affirmed. The further orders for detention are quashed.
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