Terezina v Uganda (Criminal Revision 46 of 1991) [1991] UGHC 55 (12 December 1991)

Full Case Text

THE RPUBLIC OF UGANDA

The How. Mr. Justice F. M. S. Egonda Alterda

## IN THE HIGH COURT OF UGANDA AT GULU

## CRIMINAL REVISION DO. 46/91

TEREZINA DULU ::::::::::::::::::::::::::::::::::

## VERSUS

UGANDA ::::::::::::::::::::::::::::::::::: BEFORE: The Hon, Mr. Justice G. M. Okello: REVISION ORDER:

The Accused was convicted on his own plea of a traffic offence under sections 115(1) and (5) of the Traffic and $\alpha$ oad Safety Act 1970. He was subsequently sentenced to a fine of Shs. 1,500/= or to four months imprisonment in default of payment.

It was during my routine inspection of monthly Criminal Gase Returns that I was struck by the order of the default sentence which $\frac{1}{2}$ considered is illegal. I then directed that the relevant case file be called for my inspection. The same was done and the relevant case file was placed before On inspection of the record of the proceedings, I formed the view that me. the conviction is proper. The plea upon which it is based is un equivocal and and the narrated facts revealed the commission of the offence charged.

I confirmed however, that the default sentence of 4 months imprisonment for a fine of $S_{hs.1,500/=}$ is illegal as it violates section 192(d) of the MCA'70 as amended by Act 4 of 1985. This section prescribes the maximum default sentence for a fine which does not exceed Shs2000/= to only $\frac{7}{7}$ days imprisonment.

When the relevant file was sent to the DPP for his views, Nandamula Betty a State Attorney who wrote the opinion for the DPP in her letter ref. $6/4/2$ of 6th May 1991 shared the above views and did not wish to be heard in the event of a Revision Weder being made.

Fo the reaeons given hereaboye^ the default sentence of 4 months imprisonment imposed by the trial Magistrate for a fine of Shs\*15OO/= is clearly illegal^ It violates section 192(d) of the MCA170 as amended by Act 4 of 1985# Such illegal sentence cannotbe allowed to stand. It is Set aside and in its place it is substituted a default sentence of 7 days imprisonment.

J UP G E 127 12/91\*