Wakilii

Uganda v Ojok (Criminal Revision 4 of 1995)

High Court · [1995] UGHC 51 · 1995 Revision Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision of sentence imposed by lower court
Decision
Original sentence set aside and substituted with lawful sentence; excess fine refunded

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.

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

  1. 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

Sentencing — Illegal Sentence — Non-Compliance with Statutory Provision
A sentence that does not comply with the statutory provision creating the offence is illegal and must be set aside on revision, with a lawful sentence substituted in its place.

Legislation cited (1)

Full judgment

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

Uganda v Ojok (Criminal Revision 4 of 1995) [1995] UGHC 51 (18 December 1995)
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.