Ssegujja Danny & Another v Uganda (Miscellaneous Application No. 05 of 2019)

The full judgment

Read the complete, verbatim text of this judgment.

Holding

On an application for bail pending appeal to the Supreme Court by two applicants convicted of theft and electronic fraud, the court applied the principles in Arvind Patel v Uganda, noting that not all the conditions need be present. The court found the appeal was not frivolous, the applicants had known places of abode and sureties, and had previously remained on bail for some four years in the Court of Appeal without absconding. Although the offences did not involve personal violence, the court observed their serious economic consequences. The court reluctantly granted bail on stringent terms, including cash bail, substantial sureties, deposit of passports and property, and monthly reporting to the Registrar.

Facts

The two applicants were charged before the High Court (Anti-Corruption Division) with embezzlement, theft, conspiracy to commit a felony, unauthorised access and electronic fraud. The first applicant was convicted of theft, electronic fraud and conspiracy and sentenced to terms of 5–9 years; the second applicant was convicted of similar offences plus unauthorised access and similarly sentenced. On appeal, the Court of Appeal quashed the conspiracy convictions (and the second applicant's unauthorised access conviction) but upheld the theft and electronic fraud convictions, imposing sentences of 5–7 years to run concurrently. The applicants appealed both conviction and the legality of the sentences to the Supreme Court. Having earlier been on bail pending appeal for almost four years in the Court of Appeal, their bail lapsed on partial dismissal and they were recommitted to prison. They then applied to the Supreme Court for bail pending appeal, asserting an arguable appeal on points of law, fixed places of abode, good character, first-offender status and prior compliance with bail terms.

Issues

1. Whether the applicants satisfied the conditions for the grant of bail pending the hearing and determination of their criminal appeal.

Orders

• Bail granted to each applicant on terms.
• Each applicant to deposit cash bail of UGX 5,000,000.
• Each applicant to have 4 sureties as presented to court, each bound in the non-cash sum of UGX 50,000,000.
• Each applicant to deposit his passport with the Registrar until the appeal is heard and disposed of.
• Where passports are held by lower courts, the Registrar to arrange their transfer to his custody.
• The purchase agreements of the first applicant's residential land to be deposited in court.
• The title deed of the second applicant's wife, over which powers of attorney were obtained, to be deposited in court until the appeal is disposed of.
• The applicants to report to the Registrar at the end of each month until the appeal is heard and disposed of.

Key headnotes

Legislation cited (15)

• Constitution of the Republic of Uganda 1995 art.2
• Constitution of the Republic of Uganda 1995 art.126(2)(e)
• Trial on Indictments Act Cap 23 s.132(4)
• Criminal Procedure Code Act s.40(2)
• Supreme Court Rules (Directions) 1996 r.41(1)
• Supreme Court Rules (Directions) 1996 r.41(2)
• Anti-Corruption Act 2009 s.19(b)(1)
• Penal Code Act s.254(1)
• Penal Code Act s.261
• Penal Code Act s.390
• Computer Misuse Act 2011 s.12(1)
• Computer Misuse Act 2011 s.12(3)
• Computer Misuse Act 2011 s.20(1)
• Computer Misuse Act 2011 s.19
• Judicature Act

Cases cited (1)

• Arvind Patel v Uganda (Miscellaneous Criminal Application No. 01 of 2003)