Muhindo Swalleh v Uganda (Misc.Criminal Application No. 145 of 2019)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The applicant, convicted of murder, attempted murder and aggravated robbery, sought bail pending his appeal, citing long incarceration, an allegedly lost trial court file, and family hardship. The court held that an applicant for bail pending appeal no longer enjoys the presumption of innocence and must establish exceptional circumstances or unusual reasons. Long lawful imprisonment, family hardship, a fixed place of abode and the presentation of sureties are not, on their own, exceptional. The applicant did not prove the trial records were irretrievably lost. Finding no exceptional circumstances, the court declined to exercise its discretion and dismissed the application.

Outcome

Application for bail pending appeal dismissed; applicant remains in custody

Facts

The applicant was charged in the High Court at Kasese with murder, attempted murder and aggravated robbery under the Penal Code Act. He was convicted and sentenced to terms of imprisonment. He filed an appeal (Criminal Appeal No. 809 of 2014) which remained pending. While awaiting determination of that appeal, he applied for bail pending appeal. He argued that he had spent a long period in prison without his appeal being heard, that the trial court file had disappeared so the appeal could not be fixed, and that his school-going children, wife and parents were deprived of his support and comfort. He produced three sureties, including his father, mother and a neighbour, all residents of Kasese District. The respondent opposed the application, contending that none of the grounds amounted to exceptional circumstances. The applicant offered no proof, and neither court had confirmed, that the trial records were irretrievably lost.

Issues

1. Whether the applicant established exceptional circumstances and/or unusual reasons justifying release on bail pending the determination of his criminal appeal.

Orders

• The application for bail pending appeal is dismissed.

Rules and key headnotes

Legislation cited (11)

• Constitution of Uganda Article 23(6)(a)
• Constitution of Uganda Article 28(1)
• Trial on Indictments Act Cap 23 s.132(4)
• Criminal Procedure Code Act Cap 116 s.40(2)
• Judicature (Court of Appeal Rules) Directions Rule 43
• Judicature (Court of Appeal Rules) Directions Rule 44
• Penal Code Act s.188
• Penal Code Act s.189
• Penal Code Act s.204
• Penal Code Act s.285
• Penal Code Act s.286(2)

Cases cited (2)

• Sande Pande Ndimwibo v Uganda (Criminal Miscellaneous Application No. 241 of 2014)
• Kitaka Robert v Uganda (Criminal Miscellaneous Application No. 69 of 2018)

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