Uganda v Mustafa Luboyi (Criminal Revision Order No. 8/95) [1995] UGHC 77 (19 December 1995)

Full Case Text

THE REPUBLIC OF UGANDA IN THE HIGH COURT OR UGANDA - AT GULU CRIMINAL REVISION ORDER NO. 8/95 (Original Cr. Case No. TMG 289/95)

Uganda ............... versus Mustafa Luboyi.

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 the carriage of Passengers or Goods for hire or reward without licence contrary to section 113 (l)(a) of the TRSA '70. He was then sentenced to six (6) months imprisonment or a fine of 40,000/= in lieu thereof. The fine was paid.

That order of sentence did not comply with the provision of the section which created the offence. That section proscribes for a penalty of a fine not exceeding 1,000/= or to a term of imprisonment not exceeding six months or to both.

The detailed reasons I gave in Cr. Revision No. MG.2/95 - Uganda -vs- Obita Christopher for setting aside a similar sentence imposed by the same magistrate applies to this case with full force.

The Resident SGnior State Attorney in his letter ref: RSA/N/GK/i2/95/PAP dated 15/12/95 agreed that the above order of sentence imposed by the learned magistrate grade I is 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 pointed out here earlier, the order of sentence made by tlie trial magistrate did not comply with the provision of the section which created 'the offence. It is therefore set aside and in its place it is substituted the following order:-

- (1) Accused is fined shs 5,000/= or 1 month imprisonment in default thereof. - (2) Shs 35,000/= being the excess of ijioney paid by the accused as a result of the illegal sentence ordered by the trial magistrate be refunded to the accused.

*0* I V v IV'VvA-Cl G. I. I. Okello

Resident Judge

Gulu. 19/12/95-