Wakilii

Alinda v Uganda (Criminal Miscellaneous Application 11 of 2023)

High Court · [2023] UGHCCRD 30 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on indictment for aggravated defilement
Decision
Applicant released on bail pending trial subject to conditions

Observed later treatment

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Holding

The High Court granted bail to an 18-year-old accused of aggravated defilement, finding that although no exceptional circumstances under section 15(3) of the Trial on Indictments Act were proved, the court retained discretion to grant bail. The applicant satisfied the court that he had a fixed place of residence, substantial sureties, and would not interfere with investigations. The court imposed conditions including a cash bond of UGX 4,000,000 and monthly reporting requirements to ensure attendance at trial.

Outcome

Applicant released on bail pending trial subject to conditions

Facts

The applicant, Alinda Raymond, an 18-year-old Senior Four student at Kyarusozi Secondary School, was arrested and remanded in December 2022 on a charge of aggravated defilement contrary to section 129 of the Penal Code Act. He applied for bail under Article 23(6) and 28(3)(a) of the Constitution and sections 14(1) and 15(4) of the Trial on Indictments Act. The applicant claimed to have a permanent place of abode at Mwokya Village, Kiburara Parish, Hakibaale Sub County in Kabarole district, and presented three sureties: his mother, maternal uncle, and maternal aunt. He also claimed to suffer from serious cough, chest pains, abdominal pains, and difficulty breathing associated with asthma. The state did not file a reply to the application despite being served.

Issues

  1. Whether the applicant has satisfied the court that exceptional circumstances exist to justify his release on bail pending trial for aggravated defilement.
  2. Whether the applicant has demonstrated that he will not abscond if released on bail.
  3. Whether the applicant has provided substantial sureties to guarantee his attendance at trial.

Orders

  • Application for bail allowed.
  • Applicant to execute a cash bond of UGX 4,000,000.
  • Each surety to execute a non-cash bond of UGX 10,000,000.
  • Applicant to report to the Assistant Registrar of the High Court on the first Tuesday of every month until commencement of trial or further orders.
  • Applicant to report to the Officer in Charge of Criminal Investigations, Fort Portal Police Station, on the last Friday of every month until commencement of trial or further orders.
  • Cash bond to be refunded in accordance with Paragraph 30 of the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2021.
  • Applicant released on bail subject to satisfaction of the conditions set out.

Rules and key headnotes

Bail — Discretion of Court — Exceptional Circumstances Not Required
The High Court retains discretion to grant bail to a person charged with an offence requiring proof of exceptional circumstances under section 15(3) of the Trial on Indictments Act, even where no exceptional circumstances are proved, provided the applicant satisfies the court with facts beyond ordinary considerations for bail upon which the court can exercise its discretion.
Bail — Substantial Sureties — Assessment
In assessing whether sureties are substantial, the court must inquire into the worth and social position of the sureties, who must have the means to answer for the sum involved in the recognizance and should be persons of some social standing in the community. The overriding consideration is that the terms of bail should ensure the grantee's compliance with bond reporting terms and appearance for trial.
Right to Bail — Constitutional Guarantee
Persons accused of criminal offences have a constitutional right to apply for bail under Article 23(6)(a) and 28(3) of the Constitution of the Republic of Uganda, and the court may grant bail on such conditions as it considers reasonable.

Legislation cited (11)

Cases cited (4)

  • Tumushabe v Attorney General (Constitutional Petition No. 6 of 2004)
  • Uganda v Kiiza Besigye (Constitutional Reference No. 20 of 2005)
  • Florence Byabazaire v Uganda (High Court Miscellaneous Application No. 284 of 2006)
  • Bongomin Richard Akal v Uganda (High Court Miscellaneous Application No. 37 of 2008)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Alinda v Uganda (Criminal Miscellaneous Application 11 of 2023) [2023] UGHCCRD 30 (28 April 2023)
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.