Uganda v Okeny Alando and Another (Criminal Case 113 of 89)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
High Court exercised its revision powers under section 339 of the Criminal Procedure Code to inspect the magistrate's court record. Held that the conviction for possession of classified drugs contrary to section 44(2) of the Pharmacy and Drugs Act was proper, the plea was unequivocal, and the sentence was justified given the frequency of the offence in the area. No further action required.
Outcome
Accused No. 2 convicted and sentenced to fine of three thousand shillings and two months imprisonment; fine paid. Charge against accused No. 1 withdrawn.
Facts
Two accused persons were jointly charged in the Magistrate's Court of Gulu with possession of classified drugs contrary to section 44(2) of the Pharmacy and Drugs Act 39/70. Accused No. 2 (Otto Anjelo) pleaded guilty and was convicted and sentenced to a fine of three thousand shillings and two months imprisonment. The fine was paid. The charge against accused No. 1 (Okeny Alando) was withdrawn. The High Court called the file under section 339 of the Criminal Procedure Code to inspect the proceedings.
Issues
- Whether any further action was required on revision of the magistrate's court conviction and sentence.
Orders
- File ordered to be returned to the Magistrate's Court Kitgum for retention.
- Conviction and sentence of accused No. 2 confirmed.
Legislation cited (2)
- Criminal Procedure Code s.339
- Pharmacy and Drugs Act 39/70 s.44(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.