Wakilii

Obina Bosco & 2 Ors v Uganda (Criminal Application No. 211 of 2019)

Court of Appeal · [2020] UGCA 34 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending the determination of a criminal appeal lodged in the Court of Appeal
Decision
Applicants released on bail pending the determination of Criminal Appeal No. 355 of 2019 on stated conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A single Justice of the Court of Appeal considered an application for bail pending appeal by three applicants convicted on multiple counts by the High Court. Applying the guidelines in Arvind Patel v Uganda and the exceptional circumstances under section 15 of the Trial on Indictments Act, the Court was satisfied that the applicants were first offenders, faced a possibility of substantial delay in hearing the appeal (the lower court record being unavailable), had fixed places of abode within the jurisdiction, presented substantial sureties, and that the second and third applicants were of advanced age. The application was granted and the applicants released on bail on stated conditions.

Outcome

Applicants released on bail pending the determination of Criminal Appeal No. 355 of 2019 on stated conditions

Facts

The applicants were charged with various offences before the Grade 1 Magistrate at Patongo, Agago District, and were acquitted. The State appealed to the High Court at Gulu, which convicted them on 15 counts, including robbery, malicious damage to property, wrongful confinement, assault and doing grievous harm, with custodial sentences and compensation orders. The applicants had been in custody since 30 August 2019. Dissatisfied, they jointly lodged Criminal Appeal No. 355 of 2019 against conviction and sentence, then applied for bail pending appeal. They averred that they were first offenders of good character, had complied with bail terms during the magistrate's court trial, had attended the High Court appeal without absconding, had fixed places of abode within the jurisdiction, and presented substantial sureties. The second and third applicants (aged 56 and 54) relied on advanced age. The applicants' counsel argued a likelihood of substantial delay because the lower court record of proceedings had not been availed despite written requests dated 30 September and 21 October 2019.

Issues

  1. Whether the applicants satisfied the conditions for the grant of bail pending the determination of their criminal appeal.

Orders

  • Application granted.
  • Applicants released on bail pending the determination of their appeal.
  • Each applicant to pay cash bail of UGX 1,000,000 into Court.
  • Applicants to report to the Registrar every month at 9.00 am beginning 22 January 2020 for extension of bail until the appeal is disposed of.
  • Named sureties to bind themselves by non-cash bonds of UGX 5,000,000 each.
  • Breach of any condition renders the bail liable to automatic cancellation.

Rules and key headnotes

Bail — Bail Pending Appeal — Discretionary Power
The power to grant bail pending appeal is discretionary and must be exercised judiciously, taking into account all the circumstances surrounding the particular case.
Bail — Bail Pending Appeal — Applicable Guidelines
In considering bail pending appeal a court has regard to the applicant's character, whether the applicant is a first offender, whether the offence involved personal violence, whether the appeal is not frivolous and has a reasonable possibility of success, the possibility of substantial delay in determining the appeal, and compliance with prior bail conditions; not all conditions need be present and a combination of two or more may suffice.
Bail — Exceptional Circumstances — Advanced Age
Advanced age constitutes an exceptional circumstance under section 15(3) of the Trial on Indictments Act, and a person of or above 50 years is considered to be of advanced age.
Bail — Bail Pending Appeal — Substantial Delay
Where the record of proceedings of the lower court has not been availed despite the applicant's written requests, the resulting likelihood of substantial delay in hearing the appeal is a factor favouring the grant of bail pending appeal.

Legislation cited (12)

Cases cited (3)

  • Arvind Patel v Uganda (Criminal Application No. 1 of 2003)
  • Igamu Joanita v Uganda (Criminal Appeal No. 107 of 2013)
  • John Kashaka Muhanguzi v Uganda (Criminal Reference No. 797 of 2014)

Full judgment

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

Obina Bosco & 2 Ors v Uganda (Criminal Application No. 211 of 2019) [2020] UGCA 34 (22 January 2020)
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.