Wakilii

Bijja Robbert V Uganda (Misc. Appl. No. 21 95)

High Court · [1995] UGHC 13 · 1995 Bail Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in the Chief Magistrate's Court
Decision
Applicant released on bail pending trial subject to stringent conditions

Observed later treatment

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Holding

The High Court granted bail to a 17-year-old applicant charged with defilement under section 123(1) of the Penal Code Act. The court found special circumstances existed based on the applicant's infancy and the state's non-objection to bail, notwithstanding the stringent requirements under section 14A of the Trial on Indictments Act as amended.

Outcome

Applicant released on bail pending trial subject to stringent conditions

Facts

The applicant Bijja Robbert, aged 17, was charged with defilement contrary to section 123(1) of the Penal Code Act. He applied for bail by notice of motion dated 17 November 1995 supported by his own affidavit. He appeared in person and stated he was a young boy of 17 years suffering from chest pain. The state did not oppose his release on bail provided stringent conditions were imposed to ensure court attendance.

Issues

  1. Whether special circumstances exist to warrant the applicant being released on bail while charged with defilement under section 123(1) of the Penal Code Act.

Orders

  • Application for bail granted.
  • Applicant to deposit UGX 100,000 cash.
  • Applicant to produce two sureties approved by the District Registrar Jinja, each signing a bond of UGX 200,000 not cash.
  • Applicant to appear in Chief Magistrate's Court Jinja once monthly for extension of bail starting 28 December 1995.
  • Failure to comply with conditions without reasonable ground results in automatic cancellation of bail.

Rules and key headnotes

Bail — Defilement Charge — Special Circumstances — Infancy
A person charged with defilement under section 123(1) of the Penal Code Act may only be released on bail under section 14A of the Trial on Indictments Act as amended if special circumstances exist, which include infancy, grave sickness, old age, remand exceeding 12 months under article 23(6)(c) of the Constitution, or the state not opposing bail.
Bail — Special Circumstances — State's Non-Objection
The fact that the state does not oppose an applicant being released on bail constitutes a special circumstance for purposes of section 14A of the Trial on Indictments Act, which may warrant granting bail even where other grounds are weak.
Bail — Medical Condition — Evidentiary Requirements
Chest pain or illness alleged by an applicant without supporting medical evidence does not constitute a good ground for bail on the basis of grave sickness.

Legislation cited (2)

Full judgment

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

Bijja Robbert V Uganda (Misc. Appl. No. 21_95) [1995] UGHC 13 (28 November 1995)
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.