Uganda v Amone (Criminal Revision 21 of 1991)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
On criminal revision, the High Court found that a default sentence of 6 weeks imprisonment for a fine of Shs.2,000/= contravened section 192(d) of the Magistrates' Courts Act 1970 as amended, which provided a maximum default sentence of only 7 days imprisonment for fines not exceeding Shs.2,000/=. The default sentence was set aside and replaced with the statutory maximum of 7 days.
Outcome
Conviction upheld; default sentence reduced to statutory maximum of 7 days imprisonment
Facts
The accused was charged with and convicted on his own plea of guilty of using on a road a motor vehicle in a dangerous mechanical condition contrary to section 115(1) and (5) of the Traffic and Road Safety Act 1970. He was sentenced to a fine of Shs.2,000/= or in default to 6 weeks imprisonment. The Chief Magistrate sent the file to the High Court for revision on the ground that the default sentence was illegal as it violated section 192(d) of the Magistrates' Courts Act 1970 as amended by Act of 1985.
Issues
- Whether the default sentence of 6 weeks imprisonment for a fine of Shs.2,000/= was illegal under section 192(d) of the Magistrates' Courts Act 1970 as amended by Act of 1985.
Orders
- Default sentence of 6 weeks imprisonment set aside.
- Default sentence of 7 days imprisonment substituted in its place.
Rules and key headnotes
Legislation cited (3)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.