Uganda v John Peter Akiize (Revision Order No. 36/90) [1991] UGHC 78 (7 August 1991)

The Hon. Mr. Justice F. M. S. Egond. Ntende

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA REVISION ORDER NO. $36/90$

PROSECUTOR :::::::::::::::::::::::::::::::::::: UGANDA

VERSUS

ACCUSED :::::::::::::::::::::::::::::::::::: JOHN PETER AKIIZE BEFORE: The Hon. Mr. Justice G. M. Okello:

REVISION ORDER:

John Peter Akiize was employed in the public service as an Engineering Assistant. On or about the 7th day of March 1987 he was in charge of Water Development Section in Gulu. He was responsible for the keys to the store of that section.

He and three others were jointly charged with stealing by a person in the Public Service of various items from the store of Water Development section Gulu contrary to sections 252 and 257 of the Penal Code Act. John Peter Aklize pleaded guilty to the charge and he was convicted on his own plea. The other three accuseds pleaded not guilty to the charge. Hohn Peter Akiize was subsequently sentenced to 18 (Eighteen) months imprisonment.

The Chief Magistrate of Gulu forwarded the record of the proceeding in this file to this court for a possible revision order on the ground that the minimum sentence provided under the amendment to 257 of the Penal Code act is three years imprisonment. That the imposed sentence of 18 months imprisonment / militates against the amended section 257 of the Penal Code Act

and therefore illegal.

When the reord of theproceedings was sent to the DPP for his views, Edward Wandera a State Attorney who wrote the opinion of the DPP in his letter ref.6/4/2 of 18/7/91 shared the view of the Learned Chief Magistrate and did not wish to be heard in the event of a revisional order being made.

The Penal Code Amendment Statute $\text{No}_\bullet\text{5}$ of 1987 which came into effect on 30.6.87 stipulates the minimum sentence for offence under sections 257, 258, 258 A and 259 of the Penal Code Act to three years imprisonment but not exceeding 14 years.

Jchn Peter Akiize was convicted on his own plea of guilty of the offence under section 257 of the Penal Code Act on 12/5/87 and was sentenced as stated above. The conviction and sentence of this accused was clearly imposed before the Penal Code Amendment Statute No 5/87 came into force. The commencement date of the Statute is $30/6/87$ . It was thereforenot applicable to that case. The trial Magistrate therefore had authority to pass the sentence which he did.

As the conviction is proper, the plea upon which it is based being unequivocal,/the sentence being in accordance with the law, no revision order is found necessary. The file is to be returned to Gulu Chief Magistrates Court. for retention.

G. M. Okello

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JUDGE. $7/8/91.$