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Hassan Kagende v Uganda (Criminal Application No. 77 of 2017)

Court of Appeal · [2020] UGCA 2022 · 2020 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for bail pending appeal from High Court conviction, before a single Justice of the Court of Appeal
Decision
Application for bail pending appeal dismissed; substantive appeal directed to be fixed for hearing

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Holding

The single Justice dismissed an application for bail pending appeal by a convict serving twelve years for aggravated robbery. The Court reiterated that, having lost the presumption of innocence, an applicant for bail pending appeal must establish exceptional circumstances or unusual reasons, such as an important point of law, a manifestly contestable sentence, likelihood of serving a substantial part of the sentence before determination, or a likelihood of the appeal's success. The applicant filed no memorandum of appeal, established no point of law or likelihood of success, provided no medical evidence, and offered sureties unlikely to control him. The offence involving personal violence further disfavoured release. The application was found to have no merit.

Facts

The applicant, aged 30, was convicted of aggravated robbery contrary to sections 285 and 286(2) of the Penal Code Act and sentenced to twelve years imprisonment on 27 September 2017 by the Jinja High Court. He appealed against the judgment and subsequently applied for bail pending appeal. He sought release on the grounds that he was a UPDF military soldier wishing to return to duty, that he had sustained injuries while serving in Somalia and needed medical treatment, and that he could be cared for by relatives. He claimed willingness to abide by bail conditions and asserted his appeal had chances of success amid likely delay in its disposal. The respondent opposed, noting no memorandum of appeal had been filed, no proof of delay existed, the offence involved personal violence, the applicant had no proven fixed place of abode, and his proposed in-law sureties lacked control over him.

Issues

  1. Whether the applicant established exceptional circumstances or unusual reasons justifying the grant of bail pending appeal.
  2. Whether the applicant's appeal had a likelihood of success warranting release on bail.

Orders

  • The application is dismissed for want of merit.
  • The Registrar, Court of Appeal, is directed to fix Criminal Appeal No. 362 of 2017 for hearing at the earliest convenient Criminal Session so it is disposed of on its merits.

Key headnotes

Bail — Bail Pending Appeal — Requirement of Exceptional Circumstances
An applicant for bail pending appeal, having lost the presumption of innocence upon conviction, must satisfy the court of the existence of exceptional circumstances or unusual reasons before bail may be granted.
Bail — Bail Pending Appeal — Categories of Exceptional Circumstances
Exceptional circumstances justifying bail pending appeal include where the appeal raises an important point of law as to the legality of the conviction, where the sentence is manifestly contestable as a sentence known to law, where the applicant is likely to serve the entire or a substantial part of the sentence before determination, or where the appeal has a likelihood of success on the face of the record.
Bail — Bail Pending Appeal — Distinction from Bail Pending Trial
Considerations for bail pending appeal differ from those for bail pending trial, since an applicant pending trial still enjoys the presumption of innocence and the court may then consider the nature of the charges, severity of punishment, nature of evidence, and risk of interference with witnesses.
Bail — Bail Pending Appeal — Insufficiency of Personal and Vocational Grounds
Desires to return to employment, pursue one's life, receive medical treatment unsupported by medical evidence, or stay with relatives do not constitute exceptional circumstances or unusual reasons for granting bail pending appeal.
Bail — Sureties and Nature of Offence as Factors
The substantiality of sureties and their ability to exercise control over the applicant, together with the violent nature of the offence of conviction, are relevant considerations weighing against the grant of bail pending appeal.

Legislation cited (6)

  • Constitution of the Republic of Uganda Article 23(6)(a)(d)
  • Constitution of the Republic of Uganda Article 28(3)(a)
  • Criminal Procedure Code Act s.40(2)
  • Penal Code Act s.285
  • Penal Code Act s.286(2)
  • Rules of the Court of Appeal Rule 6(2)(a)

Cases cited (4)

  • Busulwa Blasio v Uganda (Criminal Reference No. 01 of 2016)
  • Kamwana Daniel v Uganda (Criminal Application No. 208 of 2018)
  • Raghbir Singh Lamba v R [1958] EA 337
  • Igamu Joanita v Uganda (Criminal Application No. 154 of 2013)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.