Uganda v Ndora Onani (Criminal Revisional Order No. MFP 17/92) [1992] UGHC 85 (15 December 1992)

HON. MR. AG. JUSTICE F. M. S. EGONDA NTENDE.

## THE REPUBLIC OF UGANDA.

•\*

IN THE HIGH COURT OF UGANDA AT FORT PORTAL CRIMINAL REVISIONAL ORDER' NO. MFP 17/?2 ORIGINAL CRIMINAL CASE NO. MFP 175/92 UGANDA VERSUS == NDORA ONANI.

The accused in the instant case was charged and convicted on his own plea of guilty with the offence of Escaping from lawful Custody Contrary to Section IOJ of the Penal Code by a Magistrate Grade II Court, Bundibugyo. He was on <sup>J</sup> 2/9/92 sentenced to 4 months Imprisonment. Later it was discovered the accused was <sup>a</sup> juvenile aged <sup>15</sup> ( under the age of <sup>18</sup> '' years)•

Under Section 190 of Magistrates Courts Act 197^-a Magistrates Court shall not pass sentence of Imprisonment on any person who is in the opinion of the Court is under the apparent age of IS years (known as a young offender).

Besides what has transpired above the facts as narrated by the prosecution were not put to the accused person and admitted by him in accordance with the de cigion in Adan vs. Republ.<sup>4</sup> c ,<sup>v</sup> X973 EA P. 44^. Byarufu s/o Gafa 1950 EACA. P. .125,

When the Resident State Attorney was contacted about the matter replying on behalf of the Director of Public Prosecution in his letter ref. Misc/2 of 19th November, <sup>1992</sup> replied that he would not intend to be heard in the matter.

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All in all the conviction was illegal and the same is quashed. Also the sentence of months Imprisonment is set aside and unless the accused is being held for any other charge I order f\*r his immediate release.

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Before I leave this matter I have got some observations to make. In situations like, this one The Chief Magistrate should have ordered for the release of the juvenile on discovering this irregu\* larity and would send immediately the file to this Court for a possible revisional order. This is necessary in order to save the accused from serving the-illegal sentence or part of it as was in the instant case, *\* <sup>9</sup>*

d . ' •- (•I. JUDGE. . r 15/12/92.