Kaliisa Duncan v Uganda (Miscellaneous Application No. 144 of 2019)

Court of Appeal · [2020] UGCA 33 · 2020 Application Dismissed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application for bail pending appeal under Rule 6(2)(a) of the Court of Appeal Rules, arising from Criminal Appeal No. 60 of 2019.

Decision

Application for bail pending appeal dismissed; applicant remains in custody pending determination of Criminal Appeal No. 60 of 2019.

The full judgment

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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 Court of Appeal, sitting as a single Justice, dismissed an application for bail pending appeal by a person convicted of simple defilement. A convict no longer enjoys the presumption of innocence and must establish exceptional circumstances or unusual reasons—such as an important point of law on legality of conviction, a sentence not known to law, likelihood of serving the substantial part of the sentence before determination, or a likelihood of the appeal succeeding on the face of the record. The applicant's grounds (place of abode, sureties, first offender status, no violence) were the usual considerations for bail pending trial and did not qualify. Defilement by nature involves violence, and the appeal grounds showed no likelihood of success.

Facts

The applicant, aged 25, was convicted of simple defilement contrary to section 129(1) of the Penal Code Act by the Chief Magistrate at Nabweru, and the sentence was confirmed by the High Court at Kampala. Dissatisfied, he appealed to the Court of Appeal vide Criminal Appeal No. 60 of 2019 and applied for bail pending the appeal. He relied on having a place of abode in Bwaise, Kawempe Division, substantial sureties (a paternal uncle and a cousin), his status as a first offender in his early youth, the assertion that no personal violence was involved in the offence, and a claimed high likelihood of his appeal succeeding on points of law allegedly overlooked by the trial and appellate courts. The respondent opposed, arguing the applicant was rightly convicted, had shown no exceptional circumstances, and had not proven the absence of violence.

Issues

Whether the applicant established exceptional circumstances or unusual reasons justifying his release on bail pending appeal.

Orders

Application for bail pending appeal dismissed.

Key headnotes

Bail Pending Appeal — Loss of Presumption of Innocence — Burden on Convict

An applicant seeking bail pending appeal no longer enjoys the presumption of innocence under Article 28(3)(a) of the Constitution, a conviction being deemed correct until the contrary is proved; the applicant must therefore establish exceptional circumstances or unusual reasons to be released on bail.

Bail Pending Appeal — Exceptional Circumstances — Defined Categories

Exceptional circumstances or unusual reasons for bail pending appeal exist 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 the law; where the applicant is likely to serve the entire or a substantial part of the sentence before the appeal is determined; or where, on the face of the record, there is a likelihood of the success of the appeal.

Bail Pending Appeal — Grounds Appropriate to Bail Pending Trial Insufficient

Grounds such as a fixed place of abode, availability of substantial sureties, first offender status and absence of personal violence are the usual considerations relevant to bail pending trial and do not, of themselves, amount to the exceptional circumstances or unusual reasons required for bail pending appeal.

Defilement — Nature of Offence — Inherent Violence

The offence of defilement by its very nature involves violence, so an assertion that no violence was involved in its commission carries no merit.

Legislation cited (3)

Penal Code Act s.129(1)
Constitution of Uganda Article 28(3)(a)
Court of Appeal Rules Rule 6(2)(a)

Cases cited (3)

Busulwa Blasio v Uganda (Criminal Reference No. 1 of 2016)
Kamwana Daniel v Uganda (Criminal Application No. 208 of 2018)
Raghbir Singh Lamba v 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.