Uganda v Okello (High Court Criminal Revision 120 of 1991) [1993] UGHC 81 (9 September 1993)

Full Case Text

## THE REPUBLIC CP IN THE HIGH COU. PJ . CP U'PRDA AT KAMPALA HIGH COURT CRT...:: .. X PJV. NO. 120/91

UGANDA :::::::::: V jkl3U3 PROSECUTOR

MOSES OKELLO ::::::::::: BEFORE: THE HON. MR, JUSTICE G. M. CIOdr 0 ACCUSED

## REVISION ORDER

...

This file was forwarded to this court by Mr- Louis Ongom then Chief Magistrate of Gulu. Ho s ought a possible revision order. He complained that the default sentence imposed therein on the accused was illegal.

Moses j.io, the accused was clw.rged with disobedience of lawful order contrary to section 111 of the Ienal Code Act. He was alleged to have disobeyed a stop order given to him by the Police at a Road block on 18/12/90 when lie drove a Motor Vehicle Reg. No. UPJ 404 into the Road Block. ith Kitgum town. He pleaded guilty to the charge and he was convicted. Subsequently he was Cc' sentenced to a fine of shs. 5000/= or i:i default to 5 months 1 •' imprisonment.

Edward Wandera the Btate Attorney who wrote the opinion for the DPP in his letter Ref: 6/4/2 of. 4/11/92 conceded that the P' ' default sentence is illegal. He di-" wot wish to be heard in the P. event of a Revision Order being ?nndc.

The maximum defalult sentence for r fine exceeding shs. 2000/= but not exceeding shs. 10,000/= is fixed by law at 1 month. (S.192 (d) of the MCA\* 70 as amended ^7 J.ct 4/1985). The **^efoult**

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sentence of 5 months imprisonment for a fine of shs. $5000/$ = is clearly illegal and has to be counceded.

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The default sentence is therefore set aside and in its place it is substituted a default sentence of 1 month imprisonment.

C. V. ind G. M. OKELLO

JUDGE. $9/9/93.$

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