Wakilii

Uganda v Kakayo (Criminal Revision 22 of 1993)

High Court · [1996] UGHC 35 · 1996 No Revision Order Made AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision application from Magistrate's Court conviction
Decision
No further action deemed necessary; conviction and sentence remain undisturbed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

High Court declined to make a revision order after finding a clerical error in a Commitment Warrant. The warrant indicated a fine of 5,000/= when the court had imposed 45,000/=, but the correct default sentence of 3 months imprisonment was recorded. The court held that no miscarriage of justice resulted from the slip of the pen, as the default imprisonment term was correctly stated under section 192(d) of the Magistrates Courts Act as amended.

Outcome

No further action deemed necessary; conviction and sentence remain undisturbed

Facts

The accused was convicted of Giving False Information to A Person Employed in the Public Service contrary to section 109(a) of the Penal Code Act. She was sentenced to a fine of 45,000/= or in default 3 months imprisonment. She was committed to prison in default of paying the fine. On revision, the High Court discovered that the Commitment Warrant dated 21/2/92 indicated a fine of only 5,000/= instead of the 45,000/= actually imposed by the trial magistrate. The default imprisonment term of 3 months was correctly recorded. The State Attorney had also noted this discrepancy when the Director of Public Prosecutions sought an opinion.

Issues

  1. Whether the Commitment Warrant correctly reflected the sentence imposed by the trial magistrate.

Orders

  • No revision order made.

Rules and key headnotes

Criminal Procedure — Commitment Warrant — Requirement to Reflect Actual Sentence
A Commitment Warrant must accurately reflect the sentence actually imposed by the trial magistrate, including the correct fine amount and default imprisonment term.
Criminal Procedure — Clerical Errors — Test for Miscarriage of Justice
A clerical error in a Commitment Warrant that does not result in a miscarriage of justice does not warrant a revision order where the default imprisonment term was correctly stated in accordance with the applicable statute.

Legislation cited (2)

Full judgment

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

Uganda v Kakayo (Criminal Revision 22 of 1993) [1996] UGHC 35 (2 January 1996)
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.