Wakilii

Uganda v Kilama (Criminal Revision 7 of 1990)

High Court · [1990] UGHC 41 · 1990 Conviction Quashed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision on High Court's own motion of conviction and sentence from subordinate court
Decision
Conviction and sentence set aside; fine refunded to accused

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court set aside the conviction and sentence on criminal revision. The purported change of plea was improper because the accused's words admitting the charge were not recorded as required by s.122(2) MCA 1970. The accused's explanation did not admit all ingredients of theft. The facts were not put to the accused before conviction as required by Adan v The Republic. The default sentence of 12 months for a shs. 1000 fine violated s.192 MCA 1970 which limited default for fines under shs. 2000 to 7 days. The magistrate acted without jurisdiction in purporting to reduce the sentence four months after pronouncement, having become functus officio.

Outcome

Conviction and sentence set aside; fine refunded to accused

Facts

The accused was charged with theft of shs. 100,200 on 6 May 1987 at Cemetery Road in Gulu District, the property of Ivan Kamara. The accused initially pleaded not guilty. The magistrate explained the definition of theft and recorded a change of plea to guilty without recording the accused's actual words. The accused was convicted and sentenced to a fine of shs. 1000 or 12 months imprisonment in default. The accused served four months of the default sentence before paying a reduced fine of shs. 750, which the magistrate had reduced from the original shs. 1000 four months after sentencing. The accused explained that the money was handed to him to exchange for new currency, he gave it to his mother for safekeeping, and it was stolen from her custody before he could exchange it.

Issues

  1. Whether the purported change of plea from not guilty to guilty was properly recorded in compliance with s.122(2) MCA 1970.
  2. Whether the accused's words constituted an admission of all ingredients of theft under s.245 Penal Code Act.
  3. Whether the facts were properly put to the accused to admit or deny before conviction.
  4. Whether the default sentence of 12 months imprisonment for a fine of shs. 1000 was lawful under s.192 MCA 1970 as amended.
  5. Whether the trial magistrate had jurisdiction to reduce the sentence four months after pronouncing it in open court.

Orders

  • Conviction set aside.
  • Sentence set aside.
  • The fine of shs. 750 paid by the accused to be refunded to him forthwith.

Rules and key headnotes

Criminal Procedure — Change of Plea — Recording Requirements — MCA s.122(2)
When an accused person admits the truth of a charge, the admission must be recorded as nearly as possible in the words used by the accused as required by s.122(2) of the Magistrates Courts Act 1970. This provision is mandatory and must be complied with. A purported change of plea from not guilty to guilty is improper and the resulting conviction illegal if the accused's actual words are not recorded.
Criminal Procedure — Guilty Plea — Admission of Ingredients
For a plea of guilty to be properly entered, the words used by the accused in answer to the charge must admit all the ingredients of the offence charged. If the accused's explanation does not amount to an admission of all elements of the offence, the plea of guilty is wrongly entered and the resultant conviction is illegal.
Criminal Procedure — Guilty Plea — Facts to be Put to Accused
After an accused person pleads guilty, the facts constituting the offence must be narrated to the court, which must then put the same to the accused to admit or deny the truth or correctness thereof before the accused is convicted. This rule of practice, established in Adan v The Republic (1973) EA, has assumed the force of law and must be complied with.
Sentencing — Default Sentence — Statutory Limits under MCA s.192
Under s.192 of the Magistrates Courts Act 1970 as amended by Act 4 of 1985, the maximum period of default sentence for a fine not exceeding shs. 2000 is 7 days imprisonment only. A default sentence of 12 months imprisonment for a fine of shs. 1000 is illegal and cannot stand.
Sentencing — Functus Officio — Alteration of Sentence After Pronouncement
Once a magistrate or judge announces a sentence in open court, he ceases to have jurisdiction in the matter and becomes functus officio. He cannot increase or reduce the sentence, however compelling the reason may be. A purported reduction of sentence months after pronouncement is without jurisdiction and illegal.

Legislation cited (4)

Cases cited (1)

  • Adan v The Republic (1973) EA

Full judgment

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Uganda v Kilama (Criminal Revision 7 of 1990) [1990] UGHC 41 (14 May 1990)
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.