Wakilii

Walakira Lawrence v Uganda (Criminal Application No. 106 of 2019)

Court of Appeal · [2020] UGCA 2062 · 2020 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for bail pending appeal before a single Justice of the Court of Appeal
Decision
Application for bail pending appeal dismissed; appeal directed to be fixed for hearing

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Cited — treatment unverified cited in 1 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The applicant, convicted of manslaughter and sentenced to life imprisonment, sought bail pending appeal. A single Justice of the Court of Appeal held that an applicant for bail pending appeal must prove exceptional circumstances or unusual reasons. The alleged delay in disposing of the appeal was not exceptional, particularly as the applicant had not lodged a memorandum of appeal and thereby caused any delay himself. The existence of sureties, a fixed abode, family dependants, prior good character, and pursuit of further education were not exceptional circumstances. The long term of imprisonment increased the temptation to abscond. The application lacked merit and was dismissed.

Facts

The applicant was indicted for murder but convicted of the cognate offence of manslaughter contrary to sections 187 and 190 of the Penal Code Act by the High Court at Kampala, and sentenced to life imprisonment. He appealed against both conviction and sentence in Criminal Appeal No. 184 of 2018, then applied for bail pending the determination of that appeal. He argued he had high chances of success, that the appeal might take long due to case backlog, that the offence was bailable, that he was not violent, and that he had suitable sureties, three children dependent on him, and was pursuing a diploma. The respondent opposed the application, noting the violent nature of the offence and that no memorandum of appeal had been filed, meaning any delay was attributable to the applicant.

Issues

  1. Whether the applicant established exceptional circumstances or unusual reasons warranting the grant of bail pending the determination of his appeal.

Orders

  • The application for bail pending appeal is dismissed.
  • The Registrar of the Court of Appeal is directed to fix Criminal Appeal No. 184 of 2018 for hearing at the earliest convenient Criminal Session.

Key headnotes

Criminal Procedure — Bail Pending Appeal — Requirement of Exceptional Circumstances
An applicant for bail pending appeal must prove exceptional circumstances and/or unusual reasons; bail pending appeal is granted at the discretion of the court, exercised judiciously on the merits of each case.
Criminal Procedure — Bail Pending Appeal — Delay Caused by Applicant
Alleged delay in the disposal of an appeal does not constitute an exceptional circumstance where the delay is attributable to the applicant's own failure to lodge a memorandum of appeal.
Criminal Procedure — Bail Pending Appeal — Length of Sentence and Risk of Absconding
The length of the term of imprisonment is a relevant factor; the longer the term, the greater the temptation for a convict to abscond to avoid serving the sentence.
Criminal Procedure — Bail Pending Appeal — Matters Not Amounting to Exceptional Circumstances
The presence of sureties, a fixed place of abode, family dependence, prior good character, and the wish to pursue further education while serving a sentence do not amount to exceptional circumstances justifying bail pending appeal.

Legislation cited (10)

  • Constitution of the Republic of Uganda Article 23(6)
  • Constitution of the Republic of Uganda Article 28(3)
  • Constitution of the Republic of Uganda Article 34(1)
  • Trial on Indictments Act Cap 23 s.14
  • Trial on Indictments Act s.134(4)
  • Criminal Procedure Act s.40(2)
  • Judicature (Criminal Procedure) (Applications) Rules S.I 13-8 r.2
  • Judicature (Criminal Procedure) (Applications) Rules S.I 13-8 r.4
  • Penal Code Act s.187
  • Penal Code Act s.190

Cases cited (5)

  • Arvind Patel v Uganda (Criminal Application No. 1 of 2003)
  • Court of Appeal Criminal Application No. 52 of 2018
  • Sande Pande Ndimwibo v Uganda (Miscellaneous Application No. 241 of 2014)
  • Walubiri Godfrey Vs Uganda; Court of Appeal Criminal Application No. 44 of...
  • Chimambhai v Republic (No.2) [1971] EA 343
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.