Wakilii

Bogere and Another v Uganda (Criminal Miscellaneous Application 53 of 2022)

High Court · [2023] UGHCCRD 119 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending appeal following conviction and sentence by Chief Magistrate's Court
Decision
First applicant released on bail pending appeal on specified conditions; second applicant's application abandoned

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Holding

The High Court granted bail pending appeal to the first applicant, Bogere Joseph, who had been convicted and sentenced to four years imprisonment for malicious damage to property and arson. The Court held that the presumption of innocence under Article 28(3)(a) of the Constitution continues during the appeal process, and that the applicant satisfied the criteria for bail pending appeal including good character, substantial delay in hearing the appeal, compliance with previous bail conditions, and presentation of substantial sureties. The second applicant's application was abandoned for failure to present sureties.

Outcome

First applicant released on bail pending appeal on specified conditions; second applicant's application abandoned

Facts

The applicants were convicted by the Chief Magistrate's Court at Iganga on 14 December 2021 for malicious damage to property and arson, and sentenced to four years imprisonment. They filed a notice and memorandum of appeal on 27 December 2021. The first applicant, Bogere Joseph, applied for bail pending appeal under Section 40(2) of the Criminal Procedure Code Act and Section 205 of the Magistrate Courts Act. He had been in prison for over a year and five months while the appeal remained unfixed for hearing. He had complied with bail conditions during trial at the lower court. The second applicant, Odongo Brian, abandoned his application for failure to present sureties. The first applicant presented two sureties: his brother-in-law and his biological brother, both residents of Namayingo District.

Issues

  1. Whether the first applicant should be granted bail pending appeal following conviction and sentence by the Chief Magistrate's Court.

Orders

  • Application for bail pending appeal granted in respect of the first applicant, Bogere Joseph.
  • Application abandoned in respect of the second applicant, Odongo Brian.
  • Cash bail of Uganda Shillings 500,000 only.
  • Non-cash bail against each surety of Uganda Shillings 2,000,000 only.
  • Applicant to report to the Registrar on every first Monday of each month starting 4 September 2023.
  • Any contravention of bail terms will result in automatic cancellation of bail.

Rules and key headnotes

Bail Pending Appeal — Presumption of Innocence — Constitutional Protection
The presumption of innocence enshrined in Article 28(3)(a) of the Constitution does not stop at the trial level but continues as long as a person exercises the right of appeal, and a convict does not lose that right until the conviction is upheld by the highest court possible to hear the appeal.
Bail Pending Appeal — Discretionary Power — Factors for Consideration
The power to grant bail pending appeal is discretionary and should be exercised judiciously, taking into account factors including the character of the applicant, whether they are a first offender, whether the offence involved personal violence, whether the appeal has a reasonable possibility of success, the possibility of substantial delay in determination of the appeal, and whether the applicant complied with previous bail conditions. These factors are neither exhaustive nor mandatory but are guidelines of which a combination of two or more is sufficient.
Bail Pending Appeal — Suitability of Sureties — Assessment Criteria
In assessing the suitability of sureties for bail pending appeal, the court considers whether the sureties' identities and residential addresses are established, whether they are closely related to the applicant, and whether they have reasonable influence on the applicant by virtue of that relationship to compel adherence to bail conditions.
Bail Pending Appeal — Substantial Delay — Risk of Serving Full Sentence
Where an applicant has served more than half of the sentence while the appeal remains unfixed for hearing, and there is a danger that the applicant may serve the full sentence before the appeal is heard and disposed of, this constitutes substantial delay justifying the grant of bail pending appeal.

Legislation cited (3)

Cases cited (8)

  • Mitala Julius v Uganda (Criminal Application No. 11 of 2017)
  • Lugomba Robert v Uganda (Criminal Application No. 25 of 2018)
  • Kyeyune Julius v Uganda (Supreme Court Miscellaneous Application No. 4 of 2017)
  • Kyeyune Mitala Julius v Uganda (Supreme Court Miscellaneous Application No. 4 of 2017)
  • Lwamafa Jimmy and Others v Uganda (Court of Appeal Miscellaneous Application No. 011 of 2017)
  • Arvind Patel v Uganda (Criminal Application No. 1 of 2003)
  • Lugomba Robert and Others v Uganda (Criminal Miscellaneous Application No. 25 of 2018)
  • Igamu Joanita v Uganda (Criminal Appeal No. 107 of 2013)

Full judgment

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

Bogere and Another v Uganda (Criminal Miscellaneous Application 53 of 2022) [2023] UGHCCRD 119 (4 August 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.