Wakilii

Mugisha v Uganda (Criminal Miscellaneous Application 222 of 2022)

High Court · [2023] UGHCCRD 74 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application by accused committed to High Court for trial on murder charge
Decision
Applicant to remain on remand pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant charged with murder did not prove exceptional circumstances justifying release on bail under s.15 of the Trial on Indictments Act. The court considered the capital nature of the offence, the possibility of a death sentence affecting likelihood of absconding, and the gruesome nature of the offence together with the alleged confession. Application for bail dismissed.

Outcome

Applicant to remain on remand pending trial

Facts

Mugisha William was charged with murder under ss.188 and 189 of the Penal Code Act and remanded in Kigo Prison. On 1 August 2022 he was committed to the High Court for trial. He applied for bail claiming a constitutional right to apply, stating he had a permanent place of abode in Bumpenje village, Bulwanyi Parish, Sissa Sub County in Wakiso district, where he had lived all his life. He stated he would not abscond and had substantial sureties willing to stand for him. He had never been convicted of any criminal offence. The state opposed, arguing the offence attracted a maximum sentence of death, the applicant had not proved a fixed place of abode, the sureties had not shown fixed places of abode, and exceptional circumstances had not been proved.

Issues

  1. Whether the applicant proved exceptional circumstances justifying release on bail under s.15(1)(a) of the Trial on Indictments Act.
  2. Whether the applicant proved that he would not abscond if released on bail under s.15(1)(b) of the Trial on Indictments Act.

Orders

  • Application for bail dismissed.

Rules and key headnotes

Bail — Murder Charge — Exceptional Circumstances
Under s.15(1) of the Trial on Indictments Act, the court may refuse bail to a person accused of murder unless the accused proves exceptional circumstances justifying release and that he will not abscond. The burden of proof lies on the applicant.
Bail — Judicial Discretion — Factors for Consideration
In exercising discretion on bail applications, the court considers whether the applicant will be available to attend trial. For capital offences, the possibility of a looming death sentence is a relevant consideration in determining whether the accused may abscond. The court must also consider the public interest and the nature of the offence.
Right to Apply for Bail — Judicial Discretion
Under Article 23(6)(a) of the Constitution, an accused person is entitled to apply for bail, but the court retains discretion whether or not to grant it. The right to apply does not guarantee the right to be released.

Legislation cited (8)

Cases cited (2)

  • Uganda v Col (Rtd) Dr Kiiza Besigye (Constitutional Reference No. 20 of 2005)
  • R vs Board of Education [1990] 2 KB 165

Full judgment

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

Mugisha v Uganda (Criminal Miscellaneous Application 222 of 2022) [2023] UGHCCRD 74 (31 July 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.