Lokota Justine v Uganda (Criminal Revision Order No. MG 6 95; Original Cr. Case No. TMG 296 95)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court on revision held that the sentence imposed by the Magistrate Grade I for using a motor vehicle without a licence was illegal for non-compliance with the section creating the offence. The sentence of one year imprisonment or a fine of shs 75,000 was set aside and substituted with a fine of shs 5,000 or one month imprisonment in default. The balance of shs 70,000 was ordered to be refunded to the accused.

Outcome

Original sentence set aside, substituted with reduced fine and imprisonment term in default

Facts

The accused was charged and convicted on his own plea by a Magistrate Grade I Gulu of using a motor vehicle for carriage of passengers or goods for hire or reward without a licence contrary to section 113(1)(a) of the Traffic and Road Safety Act 1970. He was sentenced to one year imprisonment or a fine of shs 75,000 in lieu thereof. The fine was paid. The High Court undertook a criminal revision of the sentence on the ground that it was illegal for non-compliance with the section which created the offence.

Issues

1. Whether the sentence imposed by the Magistrate Grade I complied with the section creating the offence.

Orders

• Sentence set aside.
• Substituted sentence: fine of shs 5,000 or in default 1 month imprisonment.
• Balance of shs 70,000 to be refunded to the accused.

Rules and key headnotes

Legislation cited (1)

• Traffic and Road Safety Act 1970 s.113(1)(a)

Cases cited (1)

• Uganda v Obita Christopher (Revision Order No. 2 of 1995)

The original judgment as reported. Read the original PDF before relying on any passage.