Uganda v Loketa (Criminal Revision 6 of 1995) [1995] UGHC 65 (18 December 1995)

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA - AT GUIU CRIMINAL REVISION CRDER NO. NG 6/95 (Original Cr. Case No. TMG 296/95)

Uganda ........... versus .......... Loketa Justine. Before: The Honourable Mr. Justice G. M. Okello.

ORDER:-

The accused was charged and convicted on his own plea by a magistrate grade I Gulu of using a motor vehicle for carriage of Passengers or Goods for hire or reward without a licence c/s $(1)(a)$ of the TRSA '70. He was sentenced to 1 year imprisonment or to a fine of shs $75,000/$ = in lieu thereof. The fine was paid

The above order of sentence is illegal as it did not comply with the section which created the offence. The detailed reasons given in Revision Order No. 2/95 Uganda -vs- Obita aside Christopher for setting/a similar sentence imposed by the same magistrate applies to this case with equal force. The Resident Senior State Attorney in his letter ref RSA/N/GK/12/ 95/PAP dated 15/12/95 agreed that the sentence was illegal for non compliance with the section which created the offence. He did not wish to be heard in the event of a Revision Order being made.

As stated here earlier, the order of sentence is illegal. It can not be allowed to stand. It is thus set aside and in its place substituted the following orders:-

Sentence:- Fine of shs $5,000/$ = or in default 1 month imprisonment.

$Order: -$

The balance of $70,000/=$ be refunded to the accused.

Carolin. G. M. Okello Resident Judge Gulu. $18/12/95$ .