Wakilii

Uganda v Moses Okello (High Court No. 120 of 1991)

High Court · [1993] UGHC 130 · 1993 Revision Allowed — Sentence Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Revision application from Chief Magistrate of Gulu challenging the legality of default sentence
Decision
Default sentence corrected to comply with statutory maximum

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

The High Court held that a default sentence of 5 months imprisonment for a fine of shs. 5000/= was illegal. The Magistrates Courts Act 1970 s.192(d) as amended by Act 4 of 1985 fixes the maximum default sentence for a fine exceeding shs. 2000/= but not exceeding shs. 10,000/= at 1 month. The illegal default sentence was set aside and substituted with a lawful default sentence of 1 month imprisonment.

Outcome

Default sentence corrected to comply with statutory maximum

Facts

Moses Okello was charged with disobedience of lawful order contrary to s.111 of the Penal Code Act. On 18 December 1990, he allegedly disobeyed a police stop order at a road block in Kitgum town when he drove motor vehicle Reg. No. UPJ 404 into the road block. He pleaded guilty and was convicted. The Magistrate sentenced him to a fine of shs. 5000/= or in default 5 months imprisonment. The Chief Magistrate of Gulu forwarded the file to the High Court seeking revision, complaining that the default sentence was illegal.

Issues

  1. Whether the default sentence of 5 months imprisonment for a fine of shs. 5000/= was illegal.

Orders

  • Default sentence of 5 months imprisonment set aside.
  • Default sentence of 1 month imprisonment substituted in its place.

Rules and key headnotes

Sentencing — Default Sentence — Statutory Maximum
The maximum default sentence for a fine exceeding shs. 2000/= but not exceeding shs. 10,000/= is fixed by law at 1 month imprisonment under s.192(d) of the Magistrates Courts Act 1970 as amended by Act 4 of 1985.
Sentencing — Illegal Sentence — Revision
Where a default sentence imposed by a magistrate exceeds the statutory maximum, the High Court has power on revision to set aside the illegal sentence and substitute a lawful sentence in its place.

Legislation cited (3)

Full judgment

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

Uganda v Moses Okello (High Court No. 120 of 1991) [1993] UGHC 130 (9 September 1993)
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.