Uganda v Amone (Criminal Revision 21 of 1991) [1991] UGHC 48 (6 May 1991)

Full Case Text

THE REPUBLIC OF UGANDA IN THE HIGH COURT GF UGANDA *KT* KAMPALA REVISION ORDER NO,21/91 (ORIGINAL CRIMINALcCASE•NO TMK 6/89)

UGANDA J:::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR

VERSUS

AMONE LAKWO NYERO :::::::::::::::::::::::::::::::::::: ACCUSED

The Accused was charged with and convicted on his own plea of guilty of using on a road a motor vehicle in a dangerous machanical condition contrary to section 115(1) and (5) of the Traffic and Road Safety Act 1970. He was subsequently sentenced to a fine of Shs.\* \*\* 2,000/= or in default to 6 weeks imprisonment.

The Chief Magistrate of the area sent the relevant file to.. this court for a possible revision order on the ground that- the default sentence is illegal as it violates section 192(d) Of the MCA'70 as amended by Act of 1985\*

When the file was sent to the DPP for his views, Maureen Owor a State Attorney who wrote for the DPP agreed with that view and did not wish to be heard in the event of a Revisional Order being made.

My perusal of the record of the proceedings reveals thatthe conviction was proper. The plea though vague, the vagueness is cured by the narrated facts the correctness of which was admitted by the accused. The facts disclose all the essential ingredients of the offence alleged-.

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As regards the default sentence of 6 weeks imprisonment for a fine of Shs 200/=, T agree with the/ learned Chief Magistrate and the State Attorney that this is illegal. It contravenes section 192 (d) of the MCA'70 as amended by Act of 1985\* Th?is section provides the maximum default sentence for a fine not exceeding Shs.2,000/= to only 7 days imprisonment.\*

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In the circumstances the default sentence of 6 weeks is set aside and in its place I substitute an order for default sentence of 7 days imprisonment.

G. M. Oke.llo

JUDGE 6/5/91.