Wakilii

Sentongo v Uganda (Criminal Appeal No.0040 of 2017)

Court of Appeal · [2017] UGCA 55 · 2017 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending the hearing and determination of a criminal appeal from a High Court conviction
Decision
Bail pending appeal granted on stated terms and conditions

Observed later treatment

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Holding

On an application for bail pending appeal following a conviction for corruption and related economic offences, the Court held that a proper appeal existed because a notice of appeal had been lodged and the record requested in accordance with the Court of Appeal Rules. Applying the Arvind Patel criteria, the Court found that a combination of factors — grave chronic illness that may be fatal in prison conditions, likely delay in hearing the appeal, substantial sureties, a fixed abode, prior compliance with bail, and the surviving presumption of innocence — amounted to exceptional circumstances. The Legislature had not barred bail for economic offences as it did for capital offences. Bail was granted on stringent terms.

Outcome

Bail pending appeal granted on stated terms and conditions

Facts

The applicant was charged with and convicted of corruption contrary to section 19(b)(i) of the Anti-Corruption Act 2009, electronic fraud contrary to section 19 of the Computer Misuse Act 2011, and conspiracy to defraud contrary to section 309 of the Penal Code Act by the Anti-Corruption Division of the High Court. He was sentenced to 10 years' imprisonment on 14 February 2017. He filed a notice of appeal against conviction and sentence (Criminal Appeal No. 37 of 2017) on 15 February 2017 and requested certified copies of the proceedings. He then applied for bail pending the appeal. He was a Ugandan national with no previous criminal record, a fixed abode, five school-going children, and suffered from bronchial asthma, hypertensive heart disease, acute on chronic gastritis and renal parenchymal disease, confirmed by a medical report describing the conditions as chronic and potentially fatal in prison conditions. He had been on bail for four years during trial without absconding and presented three sureties.

Issues

  1. Whether there was a proper appeal pending before the Court capable of grounding an application for bail pending appeal.
  2. Whether the applicant established exceptional or special circumstances justifying a grant of bail pending the determination of his criminal appeal.
  3. Whether economic offences involving large sums should be treated as barring a grant of bail pending appeal.

Orders

  • Application for bail pending appeal granted.
  • Applicant to deposit cash bail of Shs.10,000,000/=.
  • Applicant to deposit his passport with the Court.
  • Applicant's land title deed, land sale agreement and motor vehicle registration book to be transferred from the trial court to this Court for custody until disposal of the appeal.
  • The three sureties approved, each to execute a non-cash bond of Shs.30,000,000/= to be deposited with the Registrar.
  • Mr. Ddungu Shem to deposit the land title deed registered in the names of Kakumba Francis together with a duly executed Powers of Attorney with the Registrar.
  • Breach of any of the above terms shall render the bail liable to cancellation.

Rules and key headnotes

Criminal Law & Procedure — Bail Pending Appeal — Existence of a Proper Appeal
The lodging of a notice of appeal in accordance with the Court of Appeal Rules brings an appeal into existence before the Court, and such a properly instituted appeal is sufficient to found an application for bail pending appeal notwithstanding that only a draft memorandum of appeal has been filed.
Criminal Law & Procedure — Bail Pending Appeal — Exceptional Circumstances
Bail pending appeal is a matter of judicial discretion, and it is not necessary that all the Arvind Patel criteria be present; a combination of two or more, such as grave chronic illness, likely delay in hearing the appeal, substantial sureties, a fixed abode and prior compliance with bail, may be sufficient to justify a grant.
Criminal Law & Procedure — Bail Pending Appeal — Economic Offences
The Legislature did not prohibit the grant of bail in respect of economic offences as it did for offences attracting a death sentence under section 132(4) of the Trial on Indictments Act; therefore the serious economic character of an offence does not by itself bar a grant of bail pending appeal.
Criminal Law & Procedure — Bail — Presumption of Innocence on Appeal
An appellant who exercises the right of appeal retains a presumption of innocence that is not completely extinguished by conviction, and bail should not be refused mechanically simply because the State seeks such an order.

Legislation cited (8)

Cases cited (8)

  • Arvind Patel v Uganda (Criminal Appeal No. 1 of 2003)
  • Mugisha Gregory v Uganda (Criminal Reference No. 179 of 2011)
  • Nalukenge v Uganda (Criminal Appeal No. 27 of 2014)
  • Patrick Sentongo v Uganda (Criminal Application No. 17 of 2017)
  • Prema Kuma Pama V State Court
  • Kyeyune Mitala v Uganda (Criminal Appeal No. 9 of 2016)
  • Walubiri Godfrey v Uganda (Criminal Application No. 44 of 2012)
  • Uganda (DPP) v Col (Rtd) Dr. Kiiza Besigye (Constitutional Reference No. 2 of 2005)

Full judgment

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

Sentongo Vs Uganda (Criminal Appeal No.0040 of 2017) [2017] UGCA 55 (31 October 2017)
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.