Uganda Case Law

Rex v Habib (Confirmation, Case No. 1018 of 1947)

Rex v Habib (Confirmation, Case No. 1018 of 1947) [1947] EACA 59 (1 January 1947)

Court

East African Court of Appeal

Case number

Confirmation, Case No. 1018 of 1947

Judges

Coffey AgJ, Nihill, C.J

The court held that the Magistrate was required by law to impose a minimum fine of £75 for a second conviction under section 44 of the Liquor Ordinance, 1934, and substituted this amount for the lower fine imposed. The court further held that the Magistrate had no authority to order the destruction of the revolver under the Arms and Ammunition Ordinance, 1925, and that only forfeiture to the Crown was permissible. The court declined to make an order for payment of fines by instalments in confirmation proceedings but directed the Magistrate to hear an application from the accused on this issue.

Source excerpt

• Liquor Offences
• Repeat Offender Penalties
• Arms And Ammunition Offences
• Sentencing
• Forfeiture Of Property