Ayo v Uganda (Civil Revision 99 of 1991) [1991] UGHC 54 (3 September 1991)

## IN THE HIGH COURT OF UGANDA AT KAMFALA

The Hon. Mr. Justice A. R. Soluade THE REFUBLIC OF UGANDA

## CRIMINAL REVISION ORDER NO. 99/91

AYO S/O @DEROSALIM AWIO :::::::::::::::::::::::::::::: ACCUSED

## VERSUS

UGANDA ::::::::::::::::::::::::::::::::::: BEFORE: The Hon. Mr. Justice G. M. Okello:

## REVISION ORDER:

The accuseds were jointly charged with and were convicted on their own pleas of guilty of Assault occasioning actual bodily harm contrary to section 228 of the Penal Code Act. Subsequently they were each sentenced to a fine of Shs.200/= or to 6 weeks imprisonment in default of payment of the fine.

The pleas on which they were convicted were recorded as follows:

- "I admit the charge. I assaulted Jacob Odongo and caused $A1:$ him bodily harm" - "I admit the charge. It is true that I assaulted Jacob $A2:$ Odongo and caused him bodily harn"

The abowe was followed by the narration of facts which reveal assault on the complainant by the two accused. The complainant sustained some bodily injuries following the assault.

$\textbf{F}^{\text{T}}\text{om}$ the above, I am satisfied that the convictions are proper as the pleas are clearly unequivocal and are supported by the natrated fact. I am between of the view that the default sentence is illegal as it violates section 192(d) of the MCA'70 as amended by Act 4 of $1985$ . This section stipulates the default sentence for a fine of not more than Shs. 2000/= to only 7 days imprisonment.

When the relevant file was sent to the DPP for his views, Edward. Wandera a state Attorney who wrote- tho opinion **for the** DPP in his letter ref: 6/4/2 of 24/7/91, expressed the view that the -default sentence of <sup>6</sup> weeks imprisonment for a fine of Shs\*200/= is illegal as it violates section 192(d) of the MCA'TO as amended by Act <sup>4</sup> of 1985 and he did not wish to heard in the event of a revisonal -order being made®

Clearly the default sentence is illegal as shown above\* Such an illegal sentence can not be allowed to stand\* It is thus set aside and in its place is substituted a default sentence of 7 days imprisonment.

JUDGE: 3/9/91

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