Wakilii

Uganda v Ojok Richard (CRIMINAL REVISION ORDER NO. MG. 4 95; Original Cr. Case No, TMG 291 95)

High Court · [1995] UGHC 108 · 1995 Revision Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision of sentence imposed by lower magistrate's court
Decision
Sentence revised and reduced; excess fine refunded to accused

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 revised an illegal sentence imposed for operating a motor vehicle for hire without a licence. The lower court had sentenced the accused to 6 months imprisonment or a fine of UGX 75,000 contrary to section 113(1)(a) of the TRSA. The illegal sentence was set aside and substituted with a lawful fine of UGX 5,000 or 1 month imprisonment in default, with the balance refunded to the accused.

Outcome

Sentence revised and reduced; excess fine refunded to accused

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 without a licence contrary to section 113(1)(a) of the TRSA. He was sentenced to 6 months imprisonment or to 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 section which created the offence.

Issues

  1. Whether the sentence imposed by the lower court was illegal for non-compliance with the statutory sentencing provisions.

Orders

  • Illegal sentence set aside.
  • Accused sentenced to a fine of UGX 5,000 or in default 1 month imprisonment.
  • Balance of UGX 70,000 to be refunded to the accused.

Rules and key headnotes

Criminal Law & Procedure — Sentencing — Illegal Sentence — Non-compliance with Statutory Provisions
Where a sentence imposed by a lower court does not comply with the statutory provision creating the offence, the High Court in its revisional jurisdiction will set aside the illegal sentence and substitute a lawful sentence in accordance with the applicable statute.

Legislation cited (1)

  • TRSA s.113(1)(a)

Full judgment

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

Uganda v Ojok Richard (CRIMINAL REVISION ORDER NO. MG. 4_95; Original Cr. Case No, TMG 291_95) [1995] UGHC 108 (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.