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Uganda v Illa (Criminal Revision 15 of 1991) [1995] UGHC 46 (28 February 1995)
- Citation
- [1995] UGHC 46
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- GM OKELLO, J
- Case number
- Criminal Revision 15 of 1991
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- GM OKELLO, J
- Case number
- Criminal Revision 15 of 1991
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the default sentence of 6 months imprisonment imposed for non-payment of a fine of 5000/= was illegal as it contravened section 192(d) of the Magistrates Courts Act, which prescribes a maximum default sentence of one month imprisonment for such a fine. The error was apparent on the face of the record, and the DPP conceded the illegality. The court exercised its revisionary powers to set aside the illegal sentence and substituted it with the lawful maximum of one month imprisonment in default of payment of the fine.
Court disposition
Default sentence of 6 months imprisonment set aside and substituted with 1 month imprisonment in default of payment of fine.
Orders
- The default sentence of 6 months imprisonment is set aside.
- A default sentence of 1 month imprisonment is substituted in its place.
02
Material facts
Parties
Uganda
ProsecutorPeter Tilla
AccusedAmounts and remedies
- Fine Imposed: UGX 5,000
03
Procedural history
Posture
Criminal Revision / Order
04
Questions and positions
Legal issues
- 01
Whether the default sentence of 6 months imprisonment for non-payment of a fine of 5000/= was lawful.
- 02
Whether the sentence contravened section 192(d) of the Magistrates Courts Act.
Party arguments
- Applicant
- The default sentence of 6 months imprisonment for a fine of 5000/= is illegal as it exceeds the statutory maximum provided by section 192(d) of the Magistrates Courts Act.
- Respondent
- The Director of Public Prosecutions conceded that the default sentence was unlawful and agreed it should be corrected to comply with the statute.
05
Court’s reasoning
Legal principles
- 01
Section 192(d) of the Magistrates Courts Act
The maximum default sentence for non-payment of a fine of 5000/= is one month imprisonment.
- 02
Criminal Procedure Code, Section 339
A sentence that exceeds the statutory maximum is illegal and must be corrected on revision.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the default sentence of 6 months imprisonment imposed for non-payment of a fine of 5000/= was illegal as it contravened section 192(d) of the Magistrates Courts Act, which prescribes a maximum default sentence of one month imprisonment for such a fine. The error was apparent on the face of the record, and the DPP conceded the illegality. The court exercised its revisionary powers to set aside the illegal sentence and substituted it with the lawful maximum of one month imprisonment in default of payment of the fine.
Court disposition
Default sentence of 6 months imprisonment set aside and substituted with 1 month imprisonment in default of payment of fine.
- The default sentence of 6 months imprisonment is set aside.
- A default sentence of 1 month imprisonment is substituted in its place.
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
tCBB REPUBLIC OF OGAMDA iiT nn; hk;h court of idanda at . CAIPALA CRIMPT/iL ROTISICW 0RD3R NO, 15/91
UGANDA 'S?\*?\*\*»?sg VRS\* PROSECUTOR
PETER TLLA s s s <sup>3</sup> <sup>z</sup> ; <sup>3</sup> <sup>2</sup> <sup>g</sup> s <sup>g</sup> Bjg^ysj.jpzn how, hr\* justice <sup>g</sup>.ii, oksllo ORDER; ACCUSED
This file was in pursuance to section <sup>339</sup> &£ the Criminal Procedure Code called to this court for inspection., Upon perusal of the record of the proceedings, it was found that the accused was convicted on his own plea of guilty of Assault occasioning actual bodily harm contrary to section 228 of the Penal Code Act\* The plea was unequivocal and the narrated facts which the accused admitted constituted the commission of the offence\* He was subsequently sentenced to a fine of 5000/= or to <sup>6</sup> months imprisonment in default of payment of that fine\*
That default sentence of 6 months imprisonment for a fine of 5000/= was illegal\* It contravened section <sup>192</sup> (d) of the MCAr7O\* That section provides a maximum default sentence for a fine of 5000/= to one month imprisonment\* That error need correction.
As conceded by the D\*P\*P\* in his letter Refs DPP/04/4 25/11/94? the default sentence of <sup>6</sup> months is set aside and in its place it is substituted a default sentence of <sup>1</sup> month imprisonment.
G\*M\* 0K3LL0 JUDGE\* 28/2/95.
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