Wakilii

Uganda v Kakayo Rose (Criminal Revision Case No. 22 93 (Original Criminal Case No. MM 244 91))

High Court · [1996] UGHC 122 · 1996 Revision Declined AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision case arising from magistrate's court conviction
Decision
Conviction and sentence upheld despite clerical error in commitment warrant

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

Held that while the commitment warrant incorrectly recorded the fine as shs. 5,000/= instead of shs. 45,000/= as imposed by the trial magistrate, this clerical error did not cause a miscarriage of justice. The conviction and sentence were upheld, and no revision order was made.

Outcome

Conviction and sentence upheld despite clerical error in commitment warrant

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 shs. 45,000/= or in default three months imprisonment. She was committed to prison in default of paying the fine. The commitment warrant dated 21 February 1992 indicated that the accused was committed to three months imprisonment in default of paying a fine of shs. 5,000/=, not shs. 45,000/= as imposed by the trial court. The file was called for inspection and the discrepancy was noted by both the High Court judge and the State Attorney.

Issues

  1. Whether there was a discrepancy between the fine imposed by the magistrate and the fine recorded in the commitment warrant.
  2. Whether the discrepancy in the commitment warrant constituted a miscarriage of justice requiring revision.

Orders

  • No revision order made.
  • Conviction and sentence upheld.

Rules and key headnotes

Criminal Law & Procedure — Commitment Warrant — Requirement to Reflect Actual Sentence Imposed
A commitment warrant must accurately reflect the sentence actually imposed by the trial magistrate, including the correct amount of any fine.
Criminal Law & Procedure — Revision — Clerical Error — Miscarriage of Justice
A clerical error in a commitment warrant that incorrectly records the amount of a fine does not constitute a miscarriage of justice warranting a revision order where the conviction and sentence imposed were lawful.

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 Rose (Criminal Revision Case No. 22_93 (Original Criminal Case No. MM 244_91)) [1996] UGHC 122 (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.