Bisaso v Uganda (HCT 05-CR-MA 181 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that bail was refused. Although the applicant had a constitutional right to bail and the presumption of innocence, the proposed sureties were unreliable due to contradictions between their affidavits and oral testimony. The offence of kidnap with intent to murder is serious, attracting a maximum sentence of death, and the applicant's liberty must be weighed against the danger posed to the victim and public.
Outcome
Applicant remanded pending trial
Facts
The applicant was indicted with kidnap with intent to murder contrary to section 243 of the Penal Code Act. He applied for bail pending trial, arguing he had been incarcerated for about a year without trial, had a fixed place of abode at Ndibulungi, Luweero District, was a widower with four children and two dependents, had no previous convictions, and had substantial sureties. The prosecution objected on grounds that the sureties were not substantial due to contradictions between their affidavits and oral testimony, and that the applicant had not adequately proved his place of residence.
Issues
- Whether the applicant satisfied the conditions for grant of bail pending trial.
- Whether the proposed sureties were substantial and reliable.
- Whether the applicant proved a fixed place of residence.
Orders
- Application for bail dismissed.
Rules and key headnotes
Legislation cited (8)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.