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Uganda v Ojok (Criminal Revision 4 of 1995) [1995] UGHC 51 (18 December 1995)
- Citation
- [1995] UGHC 51
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- GM OKELLO, J
- Case number
- Criminal Revision 4 of 1995
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- GM OKELLO, J
- Case number
- Criminal Revision 4 of 1995
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the sentence imposed on the accused was illegal as it did not comply with the requirements of section 113(1)(a) of the TRSA '70. The Resident State Attorney conceded the illegality and did not oppose revision. The court exercised its revisionary powers to set aside the illegal sentence and substitute it with a lawful one, imposing a fine of 5,000/= or one month imprisonment in default, and ordering the refund of the excess fine paid by the accused.
Court disposition
sentence set aside and substituted
Orders
- The illegal sentence is set aside.
- The accused is sentenced to a fine of 5,000/= or in default one month imprisonment.
- The balance of 70,000/= is to be refunded to the accused.
02
Material facts
Parties
Uganda
ApplicantOjok Richard
RespondentAmounts and remedies
- Original Fine Paid: UGX 75,000
- Substituted Fine: UGX 5,000
- Refund Amount: UGX 70,000
03
Procedural history
Posture
Criminal Revision / Order
04
Questions and positions
Legal issues
- 01
Whether the sentence imposed on the accused was lawful under section 113(1)(a) of the TRSA '70.
- 02
What is the appropriate sentence for the offence committed.
Party arguments
- Applicant
- The Resident State Attorney agreed that the sentence imposed was illegal due to non-compliance with the section creating the offence and did not wish to be heard further if a revision order was made.
- Respondent
- The accused did not make further submissions; the matter was determined on the record and the agreement of the Resident State Attorney.
05
Court’s reasoning
Legal principles
- 01
Section 113(1)(a) of the TRSA '70
A sentence must comply with the statutory provisions creating the offence.
- 02
Criminal Revision jurisdiction
Where an illegal sentence is imposed, the court has power to revise and substitute a lawful sentence.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the sentence imposed on the accused was illegal as it did not comply with the requirements of section 113(1)(a) of the TRSA '70. The Resident State Attorney conceded the illegality and did not oppose revision. The court exercised its revisionary powers to set aside the illegal sentence and substitute it with a lawful one, imposing a fine of 5,000/= or one month imprisonment in default, and ordering the refund of the excess fine paid by the accused.
Court disposition
sentence set aside and substituted
- The illegal sentence is set aside.
- The accused is sentenced to a fine of 5,000/= or in default one month imprisonment.
- The balance of 70,000/= is to be refunded to the accused.
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 OP UGANDA IN THE HIGH COURT OF UGANDA - AT GUDU CRIMINAL REVISION ORDER NO. MG. 4/95 (Original Cr. Case No. TMG 291/95) Uganda versus ........ Ojok Richard. Before: The Honourable Mr. Justice G. M. Okello.
ORDER:-
The accused was charged and convicted on his own plea of guilty of using a motor vehicle for the carriage of • Passengers for hire or regard without a licence contrary to section 113(l)(a) of the TRSA '70. He was sentenced to <sup>6</sup> months imprisonment or to a fine of shs 75,OOo/= in lieu thereof. The fine was paid.
As the Resident State Attorney agrees that the above sentence is illegal for non compliance with the section which created the offence and did not wish to be heard in the event of a revision order being made, the illegal sentence is set aside. In its place the following orders are substituted:-
Ct. I:- Accused is sentenced to a fine of 5,000/= or in default <sup>1</sup> month imprisonment. The balance of 70,00q/= be refunded to 'die accused.
I t-c. -X. Z G. E. Okello Resident Judge Gulu.
18/12/95-
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