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Bukenya Muhammad v Uganda (Criminal Application No. 174 of 2019)

Court of Appeal · [2020] UGCA 2033 · 2020 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for bail pending the hearing and determination of a criminal appeal
Decision
Application for bail pending appeal dismissed; appeal directed to be fixed for hearing

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Holding

The Court of Appeal, sitting as a single justice, dismissed an application for bail pending appeal by a convict serving life imprisonment for murder. The Court held that an applicant for bail pending appeal must prove exceptional circumstances or unusual reasons. The applicant's complaints of wrong admission and evaluation of evidence and excessive sentence were matters to be determined on the appeal itself and did not, on the face of the record, show likely success. Having substantial sureties and a fixed place of abode are not exceptional circumstances. The applicant failed to discharge his burden, and the application lacked merit. The Registrar was directed to fix the appeal for hearing.

Facts

The applicant was convicted of murder contrary to sections 188 and 189 of the Penal Code Act and sentenced to life imprisonment by the High Court in Criminal Case No. 071 of 2014. He lodged a criminal appeal (No. 903 of 2014) and subsequently applied for bail pending its hearing and determination. He averred that his appeal was not frivolous and had great chances of succeeding, that he was a male adult Ugandan with a fixed place of abode at Mutundwe, Rubaga division, that he had substantial sureties, and that there was a likelihood of substantial delay before his appeal could be heard. The respondent opposed the application, contending no exceptional circumstances were proven, the applicant had no proven sureties or fixed abode, and the murder offence involved personal violence. The applicant's supplementary memorandum of appeal complained of wrong admission and evaluation of evidence and an excessive sentence.

Issues

  1. Whether the applicant established exceptional circumstances or unusual reasons warranting his release on bail pending appeal.
  2. Whether the applicant demonstrated that his appeal had prospects of success on the face of the record.

Orders

  • The application is dismissed.
  • The Registrar is directed to fix the hearing of the applicant's Criminal Appeal No. 903 of 2014 at the next convenient Criminal Session of this Court.

Key headnotes

Bail Pending Appeal — Requirement of Exceptional Circumstances
An applicant for bail pending appeal must prove exceptional circumstances and/or unusual reasons to warrant his or her release on bail.
Bail Pending Appeal — Prospects of Success
Prospects of success cannot be assessed without the applicant proving the basis on which the appeal is asserted to have a likelihood of success; complaints concerning admission of evidence, evaluation of evidence and sentence are matters to be determined by the court entertaining the appeal and do not establish likely success on the face of the record.
Bail Pending Appeal — What Does Not Amount to Exceptional Circumstances
Having substantial sureties and a fixed place of abode do not by themselves constitute exceptional circumstances justifying the grant of bail pending appeal.

Legislation cited (7)

  • Penal Code Act s.188
  • Penal Code Act s.189
  • Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.2(2)
  • Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.6(2)
  • Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.43(1)
  • Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.43(2)
  • Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.53(1)

Cases cited (4)

  • Arvind Patel v Uganda (Criminal Application No. 1 of 2003)
  • Kitaka Robert v Uganda (Criminal Application No. 69 of 2018)
  • Busulwa Blasio v Uganda (Criminal Reference No. 1 of 2016)
  • Singh Lamba Vs R (1958) EA 337
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.