Auda Hassan v Uganda (Misc.Criminal Application No. 79 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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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.
Outcome
Application for bail pending appeal dismissed; applicant remains in custody serving sentence pending appeal
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
- Whether the applicant established exceptional circumstances justifying release on bail pending the hearing of his criminal appeal.
Orders
- Application for bail pending appeal dismissed.
Rules and key headnotes
Legislation cited (3)
Cases cited (1)
- Raghbir Singh Lamba v R [1958] EA 337
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.