Busobozi v Uganda (Criminal Miscellaneous Application 47 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held: A child charged with aggravated defilement is entitled to bail under the Constitution and the Children Act unless there is serious danger to the child or the release would defeat justice. Where social inquiry reports show no history of violence and the child is well-behaved, deprivation of liberty should be used only as a last resort. Bail granted to the 13-year-old applicant with his parents as sureties on non-cash bond terms.
Outcome
Applicant released on bail pending trial, subject to non-cash bond and monthly reporting conditions
Facts
The applicant, a 13-year-old boy, was charged with aggravated defilement contrary to section 129(3) and (4)(a) of the Penal Code Act. He was first arrested on 10 October 2022 and detained for 4 days at Kibiito Police Station. He was rearrested on 13 September 2023, detained for 8 days, and arraigned before the Chief Magistrate's Court on 20 September 2023, where he was remanded to Fort Portal Remand Home. He had been on remand for 2 months without committal to the High Court. The applicant is a primary six pupil at Busiita Primary School and lives with his parents in Kyokya cell, Bunyangabu District. A social inquiry report indicated he is well-behaved with no history of violence or prior criminal record. The victim underwent medical examination confirming defilement and was reported to be doing well and attending school.
Issues
- Whether the applicant, a 13-year-old child charged with aggravated defilement, should be granted bail pending trial.
- Whether granting bail would pose a serious danger to the child or to any other person.
- Whether the release of the child would defeat the ends of justice.
- Whether the proposed sureties are substantial and sufficient.
Orders
- Application allowed.
- The applicant is released on bail.
- Each surety to execute a non-cash bond of UGX 5,000,000.
- The applicant to report to the Deputy Registrar of the High Court on the first Tuesday of every month until commencement of trial or further orders.
- Release is subject to satisfaction of the above conditions or unless the applicant is held on other lawful charges.
Rules and key headnotes
Legislation cited (20)
- Constitution of the Republic of Uganda Article 23(6)
- Constitution of the Republic of Uganda Article 28(3)(a)
- Constitution of the Republic of Uganda Article 139(1)
- Trial on Indictments Act s.14(1)
- Trial on Indictments Act s.15(4)
- Children Act Cap. 59 s.2
- Children Act Cap. 59 s.3
- Children Act Cap. 59 s.4
- Children Act Cap. 59 s.90
- Children Act Cap. 59 s.90(1)
- Children Act Cap. 59 s.93
- Children Act Cap. 59 s.100
- Children Act Cap. 59 s.102
- Children Act Cap. 59 s.104
- Criminal Procedure (Application) Rules SI 41-1 Rule 2
- Criminal Procedure (Application) Rules SI 41-1 Rule 3
- Penal Code Act Cap. 120 s.129(3)
- Penal Code Act Cap. 120 s.129(4)(a)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Paragraph 17(1)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Paragraph 17(2)(b)
Cases cited (2)
- Uganda v Kiiza Besigye (Constitutional Reference No. 20 of 2005)
- Sher Sign Shekhawat v Uganda (Criminal Miscellaneous Application No. 11 of 2023)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.