Uganda v Ocan (Criminal Revision 7 of 1995) [1995] UGHC 49 (19 December 1995)

Hon. Mr. Justice Berko.

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA - AT GUIU CRIMINAL REVISION ORDER NC. MG. 7/95 (Original criminal case No. TMG $293/95$ ) Uganda .......... versus ......... Ocan Robert.

Before: The Honourable Mr. Justice G. M. Okello.

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The accused in this case was convicted on his own plea by a magistrate grade I Gulu of using a motor vehicle for the carriage of Passengers or for hire or reward $\frac{\text{without a}}{\text{1}}$ . licence $c/s$ 113(1)(a) of the RRSA '70. He was then sentenced to 6 months imprisonment or to a fine of 75,000/= in lieu thereof. The fine was paid.

The above order of sentence is illegal as it did not comply with the section which created the offence. This section provided for imprisonment of not exceeding 6 months or to a fine of not exceeding 1,000/= or to both.

The Resident Senior State Attorney in his letter ref No. RSA/N/GK/12/95/PAP dated 15th December 1995 agreed that the order of sentence made by the trial magistrate did not comply with the section which created the offence. In his view, that sentence was illegal and he did not wish to be heard in the event of a Revision Crder being made.

As indicated here above, that order of sentence imposed by the magistrate is illegal. The detailed reasons made in Regision Order No.2/95 Uganda -vs- Obita Christopher for setting aside a similar sentence imposed by the same magistrate applies to this case with equal force. The sentence is therefore set aside and in its place the following order is substituted:-

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Sentence:-

Accused is sentenced to a fine of 5,000/= or in default a ¹ non th imprisonment.

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Order 2-

The balance of 70,000/= paid by the accused as a result of the illegal sentence ordered by the trial magistrate is to be refunded to the accused•

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Resident Judge Oulu . 19/12/95.