Uganda v Omona (Revision Order 19 of 1991) [1991] UGHC 51 (6 May 1991)

Full Case Text

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA REVISION ORDER NO. 19/91 (ORIGINAL CRIMINAL CASE NO MG.15V89)

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UGANDA ::::::::::::::::I::::::::::::::::::::::::::: PROSECUTOR V E RS US

SERAFINO OMONA ::::::::::::::::::::::::::::::::::: ACCUSED

BEFORE: The Hon. Nr. Justice G>M. Okello:

The Accused was charged with and was convicted after trial by a Magistrate Grade II of Failing to prevent a fire from spreading Contrary to section J11 (c) of the Penal Code Act. He.was subset quently sentenced to a fine of Shs.1,500/= or to 6 months imprisonment in default of payment.

The Chief Magistrate of the area forwarded the relevant case file to this court for a possible revision order on the ground that the default sentence is illegal. That it violates section 192(d) of ; the MCA170 as amended by Act 4 of 1985\* The file was placed before me.

On perusal of the record of the proceedings I was satisfied that there was sufficient evidence to support the conviction. However, I agree with the learned Chief Magistrate that the default sentence of 6 months imprisonment in default of payment of a fine of Shs.1,500/= is clearly illegal. It violates section 192(d) of the MCA'70 as amended by Act 4 of 1985\* This section prescribes the maximum default sentence for a fine of not exceeding Shs.2000/= to only 7 days imprisonment.

When the file was sent to the DPP for his views, it was returned with a letter ref.6/4/2 of 6/11/90. In that latter Maureen Owor a State Attorney writing for the DPP shared the view that the default sentence is illegal and did not wish to be heard in the event of a Regisional Order being ma.d;e.

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As the default sentence is clearly...illegal, it cannot be allowed to stand. It is set aside and in its place it is substituted a default sentence of 7 days imprisonment.

G. M. Okello

JUDGE

6/5/91.