Uganda v Illa (Criminal Revision 15 of 1991) [1995] UGHC 46 (28 February 1995)

## tCBB REPUBLIC OF OGAMDA iiT nn; hk;h court of idanda at . CAIPALA CRIMPT/iL ROTISICW 0RD3R NO, 15/91

UGANDA 'S?\*?\*\*»?sg VRS\* PROSECUTOR

PETER TLLA s s s <sup>3</sup> <sup>z</sup> ; <sup>3</sup> <sup>2</sup> <sup>g</sup> s <sup>g</sup> Bjg^ysj.jpzn how, hr\* justice <sup>g</sup>.ii, oksllo ORDER; ACCUSED

This file was in pursuance to section <sup>339</sup> &£ the Criminal Procedure Code called to this court for inspection., Upon perusal of the record of the proceedings, it was found that the accused was convicted on his own plea of guilty of Assault occasioning actual bodily harm contrary to section 228 of the Penal Code Act\* The plea was unequivocal and the narrated facts which the accused admitted constituted the commission of the offence\* He was subsequently sentenced to a fine of 5000/= or to <sup>6</sup> months imprisonment in default of payment of that fine\*

That default sentence of 6 months imprisonment for a fine of 5000/= was illegal\* It contravened section <sup>192</sup> (d) of the MCAr7O\* That section provides a maximum default sentence for a fine of 5000/= to one month imprisonment\* That error need correction.

As conceded by the D\*P\*P\* in his letter Refs DPP/04/4 25/11/94? the default sentence of <sup>6</sup> months is set aside and in its place it is substituted a default sentence of <sup>1</sup> month imprisonment.

G\*M\* 0K3LL0 JUDGE\* 28/2/95.