Opio and Another v Uganda (CRIMINAL REVISION ORDER NO. 85 91)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that both convictions were bad in law. The conviction of an accused person charged with theft under section 252 of the Penal Code Act for obtaining goods by false pretences under section 289 was wrong because obtaining goods by false pretences is not a minor and cognate offence to theft — both carry the same maximum penalty of 5 years imprisonment. The conviction of a prosecution witness who had never been charged with any offence was fundamentally wrong and amounted to a travesty of justice. The default sentence of 6 weeks imprisonment for a fine of Shs.200/= violated section 192(d) of the Magistrates' Courts Act 1970 as amended, which stipulates a maximum default sentence of 7 days for fines not exceeding Shs.2000/=.
Outcome
Both accused discharged; convictions and sentences quashed
Facts
Raimondo Opio was charged with theft contrary to section 252 of the Penal Code Act. He pleaded not guilty, but after trial was convicted of receiving or obtaining goods by false pretences contrary to section 289 of the Penal Code Act and sentenced to a caution under section 202(1)(b) of the Magistrates' Courts Act 1970. David Obwor, the third prosecution witness in the case, was meanwhile convicted of theft contrary to section 252 of the Penal Code Act despite never having been charged with that offence or any other. He was sentenced to a fine of Shs.200/= or 6 weeks imprisonment in default. The High Court reviewed both convictions on revision.
Issues
- Whether the conviction of Raimondo Opio for receiving or obtaining goods by false pretences contrary to section 289 of the Penal Code Act was lawful when he was charged only with theft contrary to section 252.
- Whether David Obwor, a prosecution witness, could be convicted of an offence with which he had never been charged and to which he had not pleaded.
- Whether the default sentence of 6 weeks imprisonment for a fine of Shs.200/= imposed on David Obwor was legal.
Orders
- Convictions of Raimondo Opio and David Obwor quashed.
- Resultant sentences set aside.
- Any money paid by David Obwor in respect of the fine to be refunded forthwith.
Rules and key headnotes
Legislation cited (4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.