Wakilii

Lugomba & Ors v Uganda (Criminal Misc. Application No. 025 of 2018)

High Court · [2019] UGHCCRD 23 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending appeal following conviction by Chief Magistrate's Court
Decision
Applicants released on bail pending determination of their appeal against conviction and sentence

Observed later treatment

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Holding

The High Court granted bail pending appeal to three convicts serving concurrent sentences of one and two years for criminal trespass offences. The court applied the constitutional presumption of innocence and considered that the sentences were light, the offences did not involve personal violence, the applicants were first offenders, there was a substantial risk the appeal would be heard after sentences were served, and the applicants had previously respected bail terms during trial.

Outcome

Applicants released on bail pending determination of their appeal against conviction and sentence

Facts

The three applicants were convicted by the Chief Magistrate's Court of criminal trespass contrary to section 302(a) and removing boundary marks with intent to defraud contrary to section 338 of the Penal Code Act. They were sentenced to one year imprisonment on the first count and two years on the second count, to run concurrently. The judgment was delivered on 11 January 2018. The applicants filed an appeal (No. 5/2018) against their conviction and sentence. While serving their sentences at Kakira Government Prison, they applied for bail pending the hearing of their appeal. All three applicants are residents of Buwolomera Village, Busedde Sub County, Jinja District. During their trial in the lower court, they had been granted non-cash bail of UGX 500,000 which they respected and attended trial until judgment. The state did not file an affidavit in opposition but orally opposed the application.

Issues

  1. Whether the applicants, who are convicts serving sentences for criminal trespass and removing boundary marks, should be granted bail pending determination of their appeal.
  2. What factors the court should consider in exercising its discretion to grant bail to convicts pending appeal.

Orders

  • Application allowed.
  • All three applicants granted bail pending appeal.
  • Cash bail of UGX 300,000 for each applicant.
  • Each of the six sureties bonded in the sum of UGX 1,000,000 (non-cash).
  • Applicants to report to the Registrar on the 30th day of each month starting 30 May 2019, or the first working day following if it falls on a weekend.
  • In default of bail terms, applicants to remain in custody to serve their sentences pending appeal decision.

Rules and key headnotes

Bail Pending Appeal — Convicts — Statutory Basis
A convict may apply for bail pending appeal under section 205 of the Magistrates' Courts Act or section 40(2) of the Criminal Procedure Code, which empower the appellate court to admit an appellant to bail pending determination of the appeal if it sees fit.
Presumption of Innocence — Convicts Pending Appeal
The constitutional presumption of innocence under Article 28(3)(a) extends to a convict until the conviction is upheld by the highest court possible to hear the appeal, forming the rationale for granting bail pending appeal.
Bail Pending Appeal — Factors to Consider
In exercising discretion to grant bail pending appeal, the court considers 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, and the possibility of substantial delay in determination of the appeal.
Bail Pending Appeal — Risk of Sentence Being Served Before Appeal Heard
Where convicts are serving relatively light sentences and there is a substantial risk that the appeal will be heard after the sentences have been served due to court workload, this constitutes a material factor favouring the grant of bail pending appeal.
Bail Pending Appeal — Assessment of Likelihood to Abscond
A convict's previous compliance with bail terms during trial, combined with provision of substantial sureties and fixed place of abode within the court's jurisdiction, reduces the assessed risk of absconding if granted bail pending appeal.

Legislation cited (7)

Cases cited (2)

  • Lwamafa Jimmy v Uganda (Criminal Application No. 011 of 2017)
  • Arvind Patel v Uganda (Supreme Court Criminal Application No. 1 of 2003)

Full judgment

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

Lugomba & Ors v Uganda (Criminal Misc. Application No. 025 of 2018) [2019] UGHCCRD 23 (29 April 2019)
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.