Uganda v Illa (Criminal Revision 15 of 1991)

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 revised a default sentence of 6 months imprisonment for non-payment of a 5000/= shilling fine, finding it illegal under section 192(d) of the Magistrates Courts Act, which prescribes a maximum default sentence of 1 month imprisonment for a fine of that amount. The court substituted a default sentence of 1 month imprisonment.

Outcome

Default sentence corrected from 6 months to 1 month imprisonment

Facts

The accused was convicted on his own plea of guilty to assault occasioning actual bodily harm contrary to section 228 of the Penal Code Act. The plea was unequivocal and the facts admitted constituted the offence. He was sentenced to a fine of 5000/= shillings or 6 months imprisonment in default. The file was called to the High Court for inspection under section 339 of the Criminal Procedure Code.

Issues

1. Whether the default sentence of 6 months imprisonment for a fine of 5000/= shillings was lawful

Orders

• Default sentence of 6 months imprisonment set aside
• Default sentence of 1 month imprisonment substituted in its place

Rules and key headnotes

Legislation cited (3)

• Criminal Procedure Code s.339
• Penal Code Act s.228
• Magistrates Courts Act s.192(d)

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