Tereza Yere v Uganda (Revision Order Case No. 58 91)

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

Held that an optional sentence giving an accused a choice between paying a fine or serving imprisonment is not known to Ugandan law and is illegal. A proper sentence must impose a fine with a default term of imprisonment for non-payment. The default sentence must also comply with the statutory maximum under the Magistrates Courts Act 1970 s.192(d) as amended.

Outcome

Sentence revised and substituted with lawful default sentence

Facts

The accused was convicted by a Magistrate Grade 1 on her own unequivocal plea of guilty to assault occasioning actual bodily harm contrary to Penal Code Act s.228. The complainant had purchased local beer from the accused on credit. When the accused saw the complainant passing by while selling beer again, she demanded payment. The complainant did not have the money. The accused became angry, picked up a piece of wood, and struck the complainant on the neck, causing injury. The magistrate sentenced the accused to a fine of UGX 4,000 or four months imprisonment and ordered compensation of UGX 1,500 to the victim.

Issues

1. Whether the optional sentence of a fine or imprisonment was legal under Ugandan law.
2. Whether the default sentence for non-payment of the fine exceeded the statutory maximum.

Orders

• Illegal order of sentence set aside.
• Substituted with a fine of UGX 4,000 or in default of payment imprisonment for one month.
• Compensation order of UGX 1,500 to the victim upheld as proper.

Rules and key headnotes

Legislation cited (2)

• Penal Code Act s.228
• Magistrates Courts Act 1970 s.192(d)

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