Wakilii

Uganda v Okello (High Court Criminal Revision 120 of 1991)

High Court · [1993] UGHC 81 · 1993 Revision Allowed — Sentence Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision from Magistrate's Court seeking correction of illegal default sentence
Decision
Illegal 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

Held that a default sentence of 5 months imprisonment for a fine of shs. 5,000/= was illegal. The Magistrates Courts Act s.192(d) as amended by Act 4/1985 fixes the maximum default sentence for a fine exceeding shs. 2,000/= but not exceeding shs. 10,000/= at 1 month. The illegal default sentence was set aside and substituted with a default sentence of 1 month imprisonment.

Outcome

Illegal default sentence corrected to comply with statutory maximum

Facts

Moses Okello was charged with disobedience of lawful order contrary to section 111 of the Penal Code Act. He was alleged to have disobeyed a stop order given by the Police at a road block on 18 December 1990 when he drove Motor Vehicle Reg. No. UPJ 404 into the road block within Kitgum town. He pleaded guilty and was convicted. He was sentenced to a fine of shs. 5,000/= or in default 5 months imprisonment. The Chief Magistrate of Gulu forwarded the file to the High Court seeking a revision order on grounds that the default sentence was illegal.

Issues

  1. Whether the default sentence of 5 months imprisonment for a fine of shs. 5,000/= 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 Sentences — Statutory Limits
The maximum default sentence for a fine exceeding shs. 2,000/= but not exceeding shs. 10,000/= is fixed by law at 1 month imprisonment under section 192(d) of the Magistrates Courts Act 1970 as amended by Act 4/1985.
Criminal Revision — Powers of High Court — Correction of Illegal Sentences
Where a default sentence imposed by a magistrate exceeds the statutory maximum, the High Court in the exercise of its revisional jurisdiction may set aside the illegal sentence and substitute a lawful sentence.

Legislation cited (2)

Full judgment

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

Uganda v Okello (High Court Criminal Revision 120 of 1991) [1993] UGHC 81 (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.