Uganda v Ojok (Criminal Revision 4 of 1995)
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 in revision set aside an illegal sentence of six months imprisonment or a fine of UGX 75,000 imposed for unlicensed carriage of passengers contrary to section 113(1)(a) of the Traffic and Road Safety Act 1970. The court substituted a lawful sentence of a fine of UGX 5,000 or one month imprisonment in default, ordering a refund of the balance.
Outcome
Original sentence set aside and substituted with lawful sentence; excess fine refunded
Facts
The accused was charged and convicted on his own plea of guilty of using a motor vehicle for the carriage of passengers for hire or reward without a licence contrary to section 113(1)(a) of the Traffic and Road Safety Act 1970. He was sentenced to six months imprisonment or a fine of UGX 75,000 in lieu thereof. The fine was paid. The Resident State Attorney agreed that the sentence was illegal for non-compliance with the statute.
Issues
- Whether the sentence imposed by the lower court was illegal for non-compliance with the statute creating the offence.
Orders
- Illegal sentence set aside.
- Accused sentenced to a fine of UGX 5,000 or in default one month imprisonment.
- Balance of UGX 70,000 to be refunded to the accused.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.