Uganda v Loketa (Criminal Revision 6 of 1995)

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

Held that the sentence of one year imprisonment or a fine of Shs 75,000 imposed by the Magistrate for an offence under s.113(1)(a) of the Traffic and Road Safety Act 1970 was illegal for non-compliance with the statutory sentencing provisions. The sentence was set aside and substituted with a fine of Shs 5,000 or one month imprisonment in default, with the balance of Shs 70,000 to be refunded to the accused.

Outcome

Original sentence set aside and substituted with reduced fine; excess amount to be refunded

Facts

The accused was charged and convicted on his own plea by a Magistrate Grade I of Gulu of using a motor vehicle for carriage of passengers or goods for hire or reward without a licence contrary to s.113(1)(a) of the Traffic and Road Safety Act 1970. He was sentenced to one year imprisonment or a fine of Shs 75,000 in lieu thereof. The fine was paid. The Resident Senior State Attorney agreed in writing that the sentence was illegal for non-compliance with the statutory provisions.

Issues

1. Whether the sentence of one year imprisonment or a fine of Shs 75,000 for an offence under s.113(1)(a) of the Traffic and Road Safety Act 1970 complied with the statutory sentencing requirements.

Orders

• Sentence set aside.
• Sentence substituted with a fine of Shs 5,000 or in default one month imprisonment.
• Balance of Shs 70,000 to be refunded to the accused.

Rules and key headnotes

Legislation cited (1)

• Traffic and Road Safety Act 1970 s.113(1)(a)

Cases cited (1)

• Uganda v Obita Christopher (Criminal Revision No. 2 of 1995)

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