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Olweny v Uganda (Criminal Revision 27 of 1990) [1991] UGHC 59 (3 May 1991)
- Citation
- [1991] UGHC 59
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- GM OKELLO, J
- Case number
- Criminal Revision 27 of 1990
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- GM OKELLO, J
- Case number
- Criminal Revision 27 of 1990
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction was quashed because the plea entered by the accused was equivocal and did not clearly admit all the essential ingredients of the offence. The facts narrated were vague and failed to establish that the accused was driving a motor vehicle at the material time. The default sentence of six weeks for a fine of Shs. 5000/= was illegal as it exceeded the statutory maximum of one month for fines not exceeding Shs. 10,000/=. Additionally, the trial magistrate erred by not allowing the accused to mitigate before sentencing, which is a mandatory requirement under section 131(2) of the Magistrates Courts Act. Consequently, both the conviction and sentence were set aside.
Court disposition
conviction quashed; sentence set aside
Orders
- Any payment made by the accused in the form of a fine must be refunded forthwith.
02
Material facts
Parties
Olweny Anthony
AccusedUganda
Prosecutor Counsel: Maureen OworiAmounts and remedies
- Fine Imposed: UGX 5,000
03
Procedural history
Posture
Criminal Revision / Revision Order
04
Questions and positions
Legal issues
- 01
Whether the plea entered by the accused was unequivocal and admitted all essential ingredients of the offence.
- 02
Whether the conviction based on the recorded plea was legal.
- 03
Whether the default sentence imposed for non-payment of the fine was lawful under the Magistrates Courts Act.
- 04
Whether the accused was afforded an opportunity to mitigate before sentencing as required by law.
Party arguments
- Applicant
- The Chief Magistrate of Gulu referred the file for revision, arguing that the plea was equivocal and the conviction illegal. It was further contended that the default sentence of six weeks for a fine of Shs. 5000/= violated section 192(d) of the Magistrates Courts Act as amended. The accused was not given an opportunity to mitigate before sentencing.
- Respondent
- The State Attorney, Maureen Owori, writing for the DPP, agreed that the default sentence was illegal and that the trial magistrate erred by not allowing the accused to mitigate before sentence as required by section 131(2) of the Magistrates Courts Act. She did not wish to be heard further if a revisional order was made.
05
Court’s reasoning
Legal principles
- 01
ADAN v Republic (1973) EA 445
A plea of guilty must unequivocally admit all essential ingredients of the offence alleged.
- 02
Section 192(d) of the Magistrates Courts Act as amended by Act 4 of 1985
Default sentence for a fine not exceeding Shs. 10,000/= should not exceed one month.
- 03
Section 131(2) of the Magistrates Courts Act
The accused must be afforded an opportunity to mitigate before sentence.
06
Ratio, limits and disposition
Ratio decidendi
The conviction was quashed because the plea entered by the accused was equivocal and did not clearly admit all the essential ingredients of the offence. The facts narrated were vague and failed to establish that the accused was driving a motor vehicle at the material time. The default sentence of six weeks for a fine of Shs. 5000/= was illegal as it exceeded the statutory maximum of one month for fines not exceeding Shs. 10,000/=. Additionally, the trial magistrate erred by not allowing the accused to mitigate before sentencing, which is a mandatory requirement under section 131(2) of the Magistrates Courts Act. Consequently, both the conviction and sentence were set aside.
Obiter and limits
- A 'Yes' plea is too vague to amount to a plea of guilty and does not admit all essential ingredients of the offence.
- The facts narrated must disclose all ingredients of the offence for a valid conviction.
- The trial magistrate is legally bound to comply with the mandatory requirement to allow mitigation before sentencing.
Court disposition
conviction quashed; sentence set aside
- Any payment made by the accused in the form of a fine must be refunded forthwith.
Source and reliance status
High Court of Uganda
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.
High Court of Uganda
Judgment
THE REPUBLIC OF UGANDA IN THE HIGH COUNT OF UGANDA AT KAMPALA CRIMINAL REVISION ORDER NO,27/90
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OLWENY ANTHONY :: <sup>s</sup>::::::::::::s:::::::::::s:::::::::::::::: ACCUSED VERSUS UGANDA PROSECUTOR BEFORE: The-Hon, Mr, Justice <sup>G</sup>nM, Okello:
REVISION ORDER:
The accused was charged with and was convicted of Driving a motor vehicle without a valid Driving Permit C/S 128(a) and 183(2) of the Traffic and Road Safety Act 1970. He was Subsequently sentenced to a fine of Shs.5000/= or *<sup>6</sup>* weeks imprisonment in default of payment of the fine.
The Chief Magistrate of Gulu forwarded the relevant file to this court for a possible Revision order on the ground that the plea on which the accused was convicted is equivocal and hence the resultant conviction is illegal. Secondly that the default sentence of <sup>6</sup> weeks for a fine of 5000/= is illegal as it violates section 192(d) of the MCA\* <sup>70</sup> as amended by Act <sup>4</sup> of 1985\* The : file was placed before me.
For a conviction to be properly based on a plea of guilty, theplea must unequivocally admit all the essential ingredients of the offence alleged, (see ADAN -vs- REPUBLIC \$1973) EA 445).
In the instant case, the plea upon which the accused was convicted is recorded as 'Yes' and on this the trial Magistrate Grade I entered a plea of guilty. This was followed by the narration of the facts. The facts were put to the accused who admitted the correctness thereof. The facts show that Police Officer was on Traffic duty on Uhuru .drive in Kitgum town when he signalled a driver to stop. That when the driver stopped, the officer demanded for a driving permit from the driver to which the driver replied that he did not have •the permit ai that moment. But that on checking his note book, the Police Officer discovered that the same accused was found in the same situation in Nov." 1989. This was on 8/3/90. The facts does not show whet.10r the driver whom
.............. /2
whom the Police officer signalled to stop was driving a motor vehicle, riding a bicycl^ ... <sup>w</sup>
When the relevant file was sent to the DPP for his views, Maureen Owori a state Attorney writing for the DPP expressed the.view that the default sentence was illegal. That the trial Magistrate erred in failing to allow the accused to say something in mitigation before sentence as required by section 131(2) of the MCA'70. She did not wish to be heard in the event of a Revisional Order beingnade.
Clearly a 'Yes<sup>1</sup> plea is too vague to amount to a plea of guilty. It does not clearly admit all the essential ingredients of the offence alleged.
In the instant case, even the narrated facts are so vague that they do net desclose all the ingredients of the offence. Under this section of the Traffic and Road Safety Act 1970, a person commits an offence if he drives on the road a motor vehicle without a valid driving permit. In this case there was no averment in the facts narrated that the accused was at the material time driving a motor vehicle when he was signalled by the Police Officer to stop. No particulars of the vehicle if any was given. Under these circumstances, coupled with that value plea, which is clearly equivocal, the resultant conviction cannot be allowed to stands It is not proper. It is accordingly quashed.
On the sentence, <sup>6</sup> weeks imprisonment as a default sentence for a fine of Shs 5000/= is clearly illegal. Section 192(d) of the MCA1<sup>70</sup> as amended by Act s 4 of 1985 stipulate/ the maximum default sentence for a fine of not more than Shs. 1000/= to only one month. 5\*000/= is not more than 10,000/=. Therefore a default sentence for it should not exceed <sup>1</sup> month.
Since the conviction is quashed on the ground of illegality, the resultant sentence is likewise set aside.
I noted that the trial Magistrate proceeded to sentenced the accused without affording him an opportunity to say something in mitigation. Clearly .is a violation of the provisd. . (a) of section 131(2) of the MCA'JO.. This proviso is mandatory and <sup>a</sup> trial Magistrate is legally bound to comply with it.
ORDER :
Any payment which might have been made by the accused in the form of a fine in this regard must be refunded to him forthwith.
- <sup>3</sup> -
G. M. Okello.
JUDCS.
3/5/91.
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