Wakilii

Auda Hassan v Uganda (Misc.Criminal Application No. 79 of 2019)

Court of Appeal · [2020] UGCA 60 · 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; applicant remains in custody serving sentence pending appeal

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Holding

The applicant, convicted of aggravated defilement and sentenced to 12 years' imprisonment, sought bail pending appeal. The single Justice held that a convict, having lost the presumption of innocence, must establish exceptional circumstances such as an important point of law on the legality of conviction, a manifestly contestable sentence, the likelihood of serving a substantial part of the sentence before determination, or a likelihood of success of the appeal. The applicant produced no memorandum of appeal, the delay of about 3.5 years was not excessive, and factors such as being a first offender, having sureties, a fixed abode, family dependants and prison reform were not exceptional. The application was dismissed for want of merit.

Facts

The applicant was convicted of aggravated defilement contrary to Section 129(3)(4)(c) of the Penal Code Act by the High Court at Moroto on 27 July 2016 and sentenced to 12 years' imprisonment. He lodged Criminal Appeal No. 125 of 2018 against conviction and sentence and applied for bail pending the appeal. He relied on alleged delay in hearing the appeal, the time already spent in prison, his being a first offender, having three substantial sureties, a permanent place of abode, eight children and an aged mother dependent on him, and reformatory courses undertaken in prison. The respondent opposed the application, arguing that no exceptional circumstances had been shown, the sureties were not detailed or present in Court, and the applicant had produced no memorandum of appeal demonstrating prospects of success.

Issues

  1. Whether the applicant established exceptional circumstances justifying release on bail pending the hearing of his criminal appeal.

Orders

  • Application for bail pending appeal dismissed.

Key headnotes

Criminal Procedure — Bail Pending Appeal — Requirement of Exceptional Circumstances
An appellant seeking bail pending appeal has lost the presumption of innocence and must establish exceptional reasons or circumstances before such bail can be granted.
Criminal Procedure — Bail Pending Appeal — Categories of Exceptional Circumstances
Exceptional circumstances justifying bail pending appeal exist where the appeal raises an important point of law on the legality of conviction, the sentence is manifestly contestable as one not known to law, the applicant is likely to serve all or a substantial part of the sentence before determination of the appeal, or the record discloses a likelihood of the appeal's success.
Criminal Procedure — Bail Pending Appeal — Insufficient Grounds
Being a first offender, having sureties, a permanent place of abode, family dependants, and having undergone reformatory courses in prison are not, by themselves, exceptional grounds justifying release on bail pending appeal.
Criminal Procedure — Bail Pending Appeal — Need to Demonstrate Prospects of Success
An applicant who fails to produce a memorandum of appeal leaves the court unable to assess the prospects of success of the appeal, weakening the claim to bail pending appeal.

Legislation cited (3)

  • Penal Code Act s.129(3)(4)(c)
  • Constitution of Uganda Article 28(3)(a)
  • Trial on Indictments Act s.15

Cases cited (1)

  • 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.