Wakilii

Rex v Muholi (Con. C. 548-1933.)

East African Court of Appeal · [1933] EACA 24 · 1933 Sentence Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal confirmation of sentence from lower court conviction
Decision
Accused's sentence of six months' imprisonment with hard labour confirmed; order for imprisonment in default of compensation payment quashed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that section 28 of the Penal Code applies only to fines, not to compensation orders under section 30. A court cannot impose imprisonment in default of payment of compensation. The proper remedy for non-payment of compensation is levy by distress and sale of the accused's property under section 318 of the Criminal Procedure Code.

Outcome

Accused's sentence of six months' imprisonment with hard labour confirmed; order for imprisonment in default of compensation payment quashed

Facts

The accused was convicted of assault causing grievous bodily harm contrary to section 214 of the Penal Code. He was sentenced to six months' imprisonment with hard labour and ordered to pay Sh. 101 compensation to the complainant, with two months' hard labour in default of payment. The Acting Crown Counsel submitted that sections 28(iv) and 30 of the Penal Code justified the imprisonment term in default of compensation payment. The matter came before the Court for confirmation of sentence.

Issues

  1. Whether a Court has power under section 28 of the Penal Code to order imprisonment in default of payment of compensation awarded under section 30 of the Penal Code.

Orders

  • Sentence varied by quashing the order for two months' hard labour in default of payment of compensation.
  • Sentence otherwise confirmed.

Rules and key headnotes

Compensation Orders — Enforcement — Imprisonment in Default
A court has no power under section 28 of the Penal Code to order imprisonment in default of payment of compensation awarded under section 30 of the Penal Code, as section 28 applies only to fines and not to compensation orders.
Penal Code — Section 28 — Scope and Application
Section 28 of the Penal Code is governed by its opening words which confine its provisions to fines imposed under any law, and clauses (i) to (iv) of that section do not extend to compensation orders made under section 30.
Compensation Orders — Enforcement Mechanism — Distress and Sale
The proper remedy for non-payment of compensation awarded under section 30 of the Penal Code is levy by distress and sale of the accused person's property as prescribed by section 318 of the Criminal Procedure Code.

Legislation cited (5)

  • Penal Code s.28
  • Penal Code s.28(iv)
  • Penal Code s.30
  • Penal Code s.214
  • Criminal Procedure Code s.318

Full judgment

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Rex v Muholi (Con. C. 548-1933.) [1933] EACA 24 (1 January 1933)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.