Wakilii

Rex v Patel (Cr. App. 4-1935.)

East African Court of Justice · [1935] EACJ 1 · 1935 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending appeal from conviction and sentence
Decision
Appellant to remain in custody pending hearing of appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court refused bail to a convicted prisoner pending appeal. Following Rex v A.B., the Court held that bail should not be granted pending appeal unless there are exceptional and unusual reasons appearing in the case. No such exceptional or unusual reasons were shown in the application.

Outcome

Appellant to remain in custody pending hearing of appeal

Facts

The appellant was convicted under section 295(1) of the Penal Code of retaining property knowing or having reason to believe it to have been feloniously obtained. He was sentenced to nine months' imprisonment with hard labour. The appellant appealed to the Supreme Court from the conviction and sentence and applied for his release on bail pending the hearing of his appeal.

Issues

  1. Whether bail should be granted to a convicted prisoner pending the hearing of an appeal.

Orders

  • Application for bail refused.

Rules and key headnotes

Criminal Law & Procedure — Bail Pending Appeal — Test for Grant of Bail
A court should not grant bail to a convicted prisoner pending the hearing of an appeal unless there are exceptional and unusual reasons appearing in the case.

Legislation cited (3)

  • Criminal Procedure Code s.121(3)
  • Criminal Procedure Code s.342
  • Penal Code s.295(1)

Cases cited (4)

  • Rex v A.B. (1 Tanganyika L.R. 8)
  • Edgar Gordon (7 Cr. App. R. 182)
  • John William Gott (18 Cr. App. R. 86)
  • Joseph Rosenberg (17 Cr. App. R. 106)

Full judgment

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

Rex v Patel (Cr. App. 4-1935.) [1935] EACJ 1 (1 January 1935)
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.