Uganda v Ojok Richard (CRIMINAL REVISION ORDER NO. MG. 4 95; Original Cr. Case No, TMG 291 95)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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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
- 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
Legislation cited (1)
- TRSA s.113(1)(a)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.