Laze v Uganda (Criminal Revision Order 14 91)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that the sentence of 3½ years imprisonment exceeded the statutory maximum of two years under s.158(2)(b) of the Traffic and Road Safety Act 1970 and was therefore illegal. The imposition of the maximum fine on a first offender was improper absent special circumstances. Sentences arising from the same transaction should run concurrently. Sentence reduced to 1½ years imprisonment with concurrent terms ordered.
Outcome
Accused released forthwith following reduction of sentence and concurrent running of terms
Facts
The accused was convicted on his own plea of guilty of two traffic offences: (1) causing death by careless use of a motor vehicle contrary to s.117 and s.138(2)(b) of the Traffic and Road Safety Act 1970, for which he was sentenced to 3½ years imprisonment and a fine of 5000/=; and (2) driving without a valid driving permit contrary to s.128(a) and s.158(2)(e) of the same Act, for which he was sentenced to six months imprisonment. The accused was a first offender. No order had been made as to whether the sentences were to run concurrently or consecutively.
Issues
- Whether the sentence of 3½ years imprisonment exceeded the statutory maximum for causing death by careless use of a motor vehicle under the Traffic and Road Safety Act 1970.
- Whether the maximum fine should be imposed on a first offender.
- Whether the sentences of imprisonment should run concurrently or consecutively.
Orders
- Sentence of 3½ years imprisonment in count 1 set aside.
- Substituted with a sentence of 1½ years imprisonment.
- Fine of 5000/= not disturbed.
- Sentences of imprisonment in count 1 and count 2 ordered to run concurrently.
- Accused ordered to be released forthwith.
Rules and key headnotes
Legislation cited (5)
Cases cited (1)
- R v Sowedi Mukasa (1946) 13 EACA 97
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.