Wakilii

Namaisi Muddu v Uganda (HCT-04-CR-CM-0008-2013)

High Court · [2013] UGHCCRD 58 · 2013 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending appeal from a conviction for theft
Decision
Applicant to remain in custody at Mbale Prison Maluku pending determination of his appeal

Observed later treatment

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Holding

Held that bail pending appeal is governed by principles distinct from those applicable to pre-trial bail under the Trial on Indictments Act. After conviction, the presumption of innocence is greatly shifted and the burden lies on the convicted applicant to prove good character, first offender status, non-involvement of personal violence in the offence, the non-frivolous nature of the appeal with reasonable possibility of success, likely delay in determination of the appeal, and compliance with previous bail conditions. Where the applicant fails to plead or adduce sufficient evidence on these matters, the application must be dismissed.

Outcome

Applicant to remain in custody at Mbale Prison Maluku pending determination of his appeal

Facts

The applicant was convicted of theft and sentenced to two years imprisonment and ordered to pay UGX 42,000,000 to the complainant. He filed a criminal appeal (HCT-04-CR-CN-0038-2012) which was pending before the High Court. While serving sentence at Mbale Prison Maluku, he applied for bail pending appeal. He deponed that he was 65 years old and suffered from high blood pressure and diabetes. He relied on a prison form indicating the prison had no capacity to manage his medical complications. He presented two sureties. The appeal had been filed in December 2012 and no step had been taken to fix it for hearing for over eleven months.

Issues

  1. Whether the applicant satisfied the conditions for the grant of bail pending appeal under s.40 of the Criminal Procedure Code Act.

Orders

  • Application for bail pending appeal dismissed.

Rules and key headnotes

Criminal Law & Procedure — Bail Pending Appeal — Distinction from Pre-Trial Bail
Bail pending appeal is governed by principles distinct from those applicable to pre-trial bail under the Trial on Indictments Act. After conviction, the presumption of innocence protecting an accused before conviction is greatly shifted and the applicant is a convicted person. The essence of bail pending appeal is not to enable an innocent accused attend trial but to enable a convicted accused pursue his appeal.
Criminal Law & Procedure — Bail Pending Appeal — Conditions for Grant
The grant of bail pending appeal under s.40 of the Criminal Procedure Code Act requires the court to consider: (1) the character of the applicant; (2) whether the applicant is a first offender; (3) whether the offence for which the applicant was convicted involved personal violence; (4) whether the appeal is not frivolous and has reasonable possibility of success; (5) the possibility of substantial delay in the determination of the appeal; and (6) whether the applicant has complied with bail conditions granted before conviction or during the pendency of the appeal if any.
Criminal Law & Procedure — Bail Pending Appeal — Burden of Proof
Bail pending appeal places a greater burden on the convicted applicant to prove that he deserves the grant. The burden is upon the applicant to prove the conditions for bail pending appeal sufficiently before the court. The appellate court cannot on its own motion review the record to ascertain if the appeal is likely to succeed; the applicant must in the pleadings attach evidence of the merit of the appeal.
Civil Procedure — Pleadings and Proof — Failure to Plead Material Facts
Where material facts required to establish the applicant's entitlement to relief are not pleaded or supported by evidence on the record, the court cannot assume those facts in the applicant's favour. The mere presentation of sureties who claim to know the applicant does not establish good character if that fact was neither pleaded nor shown by documentary evidence.

Legislation cited (2)

Cases cited (5)

  • Eliafazi Tebenkana v. Patrick Tenya
  • Daigi v. Masirani
  • Igamu Joanita v Uganda (Court of Appeal Criminal Application No. 107 of 2013)
  • Arvind Patel v Uganda (Supreme Court Criminal Appeal No. 1 of 2003)
  • Arvind Patel v Uganda (Supreme Court Criminal Appeal No. 1 of 2003)

Full judgment

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

Namaisi Muddu v Uganda (HCT-04-CR-CM-0008-2013) [2013] UGHCCRD 58 (3 October 2013)
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.