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Uganda v Ndora Onani (Criminal Revisional Order No. MFP 17/92) [1992] UGHC 85 (15 December 1992)
- Citation
- [1992] UGHC 85
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Mukanza, J
- Case number
- Criminal Revisional Order No. MFP 17/92
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Mukanza, J
- Case number
- Criminal Revisional Order No. MFP 17/92
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction and sentence of imprisonment imposed on the accused, a juvenile under 18 years, were illegal as they contravened Section 190 of the Magistrates Courts Act. Furthermore, the procedure for recording a guilty plea was not properly followed, as the facts were not put to the accused and admitted by him, contrary to established case law. The court therefore quashed the conviction and set aside the sentence, ordering the immediate release of the accused unless held for another lawful charge.
Court disposition
conviction quashed; sentence set aside; immediate release ordered
Orders
- The conviction is quashed.
- The sentence of imprisonment is set aside.
- Unless held for another lawful charge, the accused is to be released immediately.
02
Material facts
Parties
Uganda
ApplicantNdora Onani
Respondent03
Procedural history
Posture
Criminal Revision / High Court Revisional Order
04
Questions and positions
Legal issues
- 01
Whether the conviction and sentence of imprisonment against a juvenile under 18 years was lawful.
- 02
Whether the procedure for recording a guilty plea was properly followed.
Party arguments
- Applicant
- The Resident State Attorney, on behalf of the Director of Public Prosecution, indicated in writing that he did not intend to be heard in the matter.
- Respondent
- No formal argument was presented by the respondent; the matter was considered on revision by the court.
05
Court’s reasoning
Legal principles
- 01
Section 190 of the Magistrates Courts Act 1971
A Magistrates Court shall not pass a sentence of imprisonment on any person who is, in the opinion of the court, under the apparent age of 18 years.
- 02
Adan v. Republic [1973] EA 445; Byarufu s/o Gafa [1950] EACA 125
Facts as narrated by the prosecution must be put to the accused and admitted by him for a valid plea of guilty.
06
Ratio, limits and disposition
Ratio decidendi
The conviction and sentence of imprisonment imposed on the accused, a juvenile under 18 years, were illegal as they contravened Section 190 of the Magistrates Courts Act. Furthermore, the procedure for recording a guilty plea was not properly followed, as the facts were not put to the accused and admitted by him, contrary to established case law. The court therefore quashed the conviction and set aside the sentence, ordering the immediate release of the accused unless held for another lawful charge.
Obiter and limits
- The Chief Magistrate should have ordered the release of the juvenile upon discovering the irregularity and sent the file to the High Court for possible revision to prevent the accused from serving an illegal sentence.
Court disposition
conviction quashed; sentence set aside; immediate release ordered
- The conviction is quashed.
- The sentence of imprisonment is set aside.
- Unless held for another lawful charge, the accused is to be released immediately.
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
HON. MR. AG. JUSTICE F. M. S. EGONDA NTENDE.
THE REPUBLIC OF UGANDA.
•\*
IN THE HIGH COURT OF UGANDA AT FORT PORTAL CRIMINAL REVISIONAL ORDER' NO. MFP 17/?2 ORIGINAL CRIMINAL CASE NO. MFP 175/92 UGANDA VERSUS == NDORA ONANI.
The accused in the instant case was charged and convicted on his own plea of guilty with the offence of Escaping from lawful Custody Contrary to Section IOJ of the Penal Code by a Magistrate Grade II Court, Bundibugyo. He was on <sup>J</sup> 2/9/92 sentenced to 4 months Imprisonment. Later it was discovered the accused was <sup>a</sup> juvenile aged <sup>15</sup> ( under the age of <sup>18</sup> '' years)•
Under Section 190 of Magistrates Courts Act 197^-a Magistrates Court shall not pass sentence of Imprisonment on any person who is in the opinion of the Court is under the apparent age of IS years (known as a young offender).
Besides what has transpired above the facts as narrated by the prosecution were not put to the accused person and admitted by him in accordance with the de cigion in Adan vs. Republ.<sup>4</sup> c ,<sup>v</sup> X973 EA P. 44^. Byarufu s/o Gafa 1950 EACA. P. .125,
When the Resident State Attorney was contacted about the matter replying on behalf of the Director of Public Prosecution in his letter ref. Misc/2 of 19th November, <sup>1992</sup> replied that he would not intend to be heard in the matter.
.........../2
All in all the conviction was illegal and the same is quashed. Also the sentence of months Imprisonment is set aside and unless the accused is being held for any other charge I order f\*r his immediate release.
\*
Before I leave this matter I have got some observations to make. In situations like, this one The Chief Magistrate should have ordered for the release of the juvenile on discovering this irregu\* larity and would send immediately the file to this Court for a possible revisional order. This is necessary in order to save the accused from serving the-illegal sentence or part of it as was in the instant case, *\* <sup>9</sup>*
d . ' •- (•I. JUDGE. . r 15/12/92.
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