Uganda v Ugailda Loketa Justine (CRIMINAL REVISION ORDER NO. MG. 6 95; Original Or. Case No. TMG 296 95)

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.

Holding

The High Court found the sentence of one year imprisonment or a fine of Shs 75,000 imposed for an offence under s.113(1)(a) of the Traffic and Road Safety Act 1970 to be illegal for non-compliance with the statutory sentencing provisions. The sentence was set aside and substituted with a fine of Shs 5,000 or one month imprisonment in default, with the balance refunded to the accused.

Outcome

Illegal sentence set aside and substituted with lawful sentence; excess fine refunded to accused

Facts

The accused was charged and convicted on his own plea by a Magistrate Grade I in Gulu of using a motor vehicle for carriage of passengers or goods for hire or reward without a licence contrary to s.113(1)(a) of the Traffic and Road Safety Act 1970. He was sentenced to one year imprisonment or a fine of Shs 75,000 in lieu thereof. The fine was paid. The matter came before the High Court on criminal revision. The Resident Senior State Attorney agreed the sentence was illegal for non-compliance with the statutory provisions and did not wish to be heard.

Issues

1. Whether the sentence imposed by the Magistrate Grade I complied with the statutory provisions creating the offence.

Orders

• Sentence set aside.
• Sentence substituted with a fine of Shs 5,000 or in default one month imprisonment.
• Balance of Shs 70,000 to be refunded to the accused.

Rules and key headnotes

Legislation cited (1)

• Traffic and Road Safety Act 1970 s.113(1)(a)

Cases cited (1)

• Uganda v Obita Christopher (Revision Order No. 2 of 1995)

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